Digital Evidence and the Fourth Amendent
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Case Law
State v. Carroll, 322 Wis.2d 299
State v. Rindfleisch, 359 Wis.2d 147
State v. Subdiaz-Osorio, 357 Wis.2d 41
State v. Tate, 357 Wis.2d 172
Carpenter v. United States, 138 S.Ct. 2206
Riley v. California, 134 S.Ct. 2473
Books
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Criminal Law-Sentencing Institute
Call Number: KFW2961.A75 C74Publication Date: 20192019 Institute materials include Digital
evidence & the 4th amendment -
Digital Evidence Bootcamp by Wisconsin Supreme Court, Office of Judicial Education
Call Number: KFW2976.5.A75 D54 2020Publication Date: 2020 -
Wisconsin Evidence by David Blinka
Call Number: KFW2930 .W644Publication Date: Updated Periodically• § 82:43. Electronic discovery
• Chapter 14. Discovery of
Electronically Stored Information
• Chapter 19. Search and Seizure -
The Wisconsin Rules of Evidence by Mackenzie Campbell, John W. Markson, & Liesl Nelson
Call Number: KFW2940 .B37 E992ISBN: 9781578626762Publication Date: Updated Periodically"Whatever rule you’re looking up, the information is only seconds away in The Wisconsin Rules of Evidence: A Courtroom Handbook. It’s an essential reference for lawyers who need the rules of evidence at their command throughout a trial." - State Bar of WI
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American Jurisprudence
Call Number: KF154.A45 A2Publication Date: Updated PeriodicallyAlso available in Westlaw
Topics include Computers and the Internet and Constitutional Right to Privacy -
Cyber Crime and Digital Evidence by Thomas Clancy
Call Number: KF8947.5 .C58 2023ISBN: 9781531024970Publication Date: 2023"This book is titled Cyber Crime and Digital Evidence: Materials and Cases for two fundamental reasons. First, in practicing law, it is more likely that a lawyer or judge will now encounter digital evidence in almost every case and situation, given its ubiquity in modern life. Accordingly, half of the book is devoted to the government's acquisition of digital evidence, regardless of the underlying crime. The balance of the book is devoted to various aspects of the law that have been modified to address the variety of new criminal behavior facilitated by digital devices and networks. And second, by listing "materials and cases" (in that order), the subtitle indicates that this book provides a broader framework of the cyber crime context than only an array of cases offers." - Carolina Academic Press -
Digital Evidence in the Courtroom: a Guide for Law Enforcement and Prosecutors by U.S. Department of Justice, Office of Justice Programs, National Institute of Justice
Call Number: KF9660 .D53 2007Publication Date: 2007Also available remotely on HeinOnline and online: https://www.ojp.gov/pdffiles1/nij/211314.pdf. -
The Discovery Revolution by George L. Paul & Bruce H. Nearon
Call Number: KF9650 .P38 2006ISBN: 9781590316054Publication Date: 2006 -
eDiscovery and Digital Evidence by Jay Grenig
Call Number: KF8947.5 .E35ISBN: 9781668740316Publication Date: 2020"Written by longstanding experts, eDiscovery & Digital Evidence provides guidance for lawyers and judges on how to preserve, seek, and use digital evidence, and how to determine when forensic or similar specialized technical help is necessary." - Thomson Reuters -
The Future of Evidence: How Science & Technology Will Change the Practice of Law by Carol Henderson & Jules Epstein
Call Number: KF8935 .F88 2011ISBN: 9781616328252Publication Date: 2011The social construction of the admissibility of the most frequently proffered varieties of expert testimony / Mara L. Merlino, Victoria Springer, and Alexandra Sigillo -- Expert testimony in civil cases / Erica Beecher-Monas -- Digital visual evidence / Roni Dahir -- The jurors and courtroom of the future / Neal Feigenson and Christina Spiesel -- The future of neuroscientific evidence / Stephen J. Morse -- The future of DNA evidence / Christine Funk -- The child witness / Jules Epstein -- Evidence, privacy, and technology / Andrew E. Taslitz -- Three prongs of the confession problem : issues and proposed solutions / Deborah Davis and Richard A. Leo -- Research resources in technology, science and the law (keeping current) / Ken Strutin -
Jones on Evidence, Civil and Criminal by Clifford S. Fishman
Call Number: KF8935 .J6 F5Publication Date: Updated Annually"Jones on Evidence: Civil and Criminal offers detailed coverage of the Federal Rules of Evidence, state evidence codes, and applicable caselaw, and integrates coverage of relevant rules of civil and criminal procedure. In addition to analyzing and critiquing the rules and court decisions, it also explains how attorneys can operate effectively within the rules and avoid missteps that are likely to result in exclusion of evidence or potential reversal on appeal." - Thomson Reuters -
The Law of Artificial Intelligence and Smart Machines by Ted Claypoole
Call Number: KF390.5.C6 L39 2019ISBN: 9781641054133Publication Date: 2019"How will the law change to accommodate the role of artificial intelligence in society and how much of that change has occurred already? When machines make their own decisions with financial impact, who receives credit or blame? This new guide provides an in-depth examination of how artificial intelligence has evolved, how it will affect the legal profession, and how the law will be reformed to meet the new realities created by AI." - American Bar Association -
Managing Discovery of Electronic Information: A Pocket Guide for Judges by Barbara J. Rothstein, Ronald J. Hedges, & Elizabeth C. Wiggins
Call Number: Electronic Resource (accessible online)Publication Date: 2017"This third edition of the pocket guide on managing the discovery of electronically stored information (ESI) covers the December 1, 2015, amendments to the Federal Rules of Civil Procedure and reflects the rise of new sources of ESI, particularly social media, and updates judges on how ESI may be searched. It also suggests case-management techniques that judges might use in smaller civil actions in which the costs of ESI discovery could hamper resolution on the merits." - Federal Judicial Center
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The Fourth Amendment by Thomas Clancy
Call Number: KF9630 .C53 2017ISBN: 9781531006341Publication Date: 2017: Its History and Interpretation"This treatise is an accessible and authoritative resource on the Fourth Amendment for scholars, judges, practitioners, and others. It comprehensively treats Supreme Court case law and offers a structured, analytical approach to the Fourth Amendment, addressing foundational questions: What is a search? What is a seizure? What does the Amendment protect? When is it satisfied? When does the exclusionary rule apply?" - Carolina Academic Press -
The Fourth Amendment by William J. Cuddihy
Call Number: KF9630 .C83 2009ISBN: 9780195367195Publication Date: 2009- "This book tells the full story of the Fourth Amendment's complex lineage
- Includes the only comprehensive account ever written on the origins of the Fourth Amendment
- This book has been cited by the United States Supreme Court and is an essential resource for anybody interested in the history of the Constitution, criminal procedure, and competing concepts of privacy." - Oxford University Press -
Search and Seizure: A Treatise on the Fourth Amendment by Wayne R. LaFave
Call Number: KF9630.L34 S4 2020Publication Date: Updated Annually"In the classic Search and Seizure: A Treatise on the Fourth Amendment, one of the nation's foremost authorities on the Fourth Amendment systematically interprets and applies the amendment to a variety of diverse fact patterns." - Thomson Reuters -
Searches, Seizures, and Warrants by Robert M. Bloom
Call Number: KF9630 .B58 2003ISBN: 9780313314452Publication Date: 2003"An inherent tension resides in the Fourth Amendment's strictures on unreasonable searches and seizures. We want it to protect our privacy from government intrusion, yet we want the police to do whatever is required to solve crime. Greater controls on the power of the police provide more privacy protections to citizens. Reduced controls on police actions provide less privacy protection to citizens. Bloom explores this tension as he guides the reader to through the history and relevant Supreme Court decisions that have shaped the current state of Fourth Amendment law." - Bloomsbury
- Last Updated: Sep 9, 2025 11:25 AM
- URL: https://wilawlibrary.libguides.com/digitalevidence-fourth
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