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Abstract: 

Editor’s Note: The Fourth Amendment to the Constitution forbids the government from engaging in unreasonable searches or seizures. (U.S. Const. Amend. IV.) The fluid language in the Amendment allows for a balancing of interests tied to relevant facts in determining whether a particular search condition is valid on its face or whether a completed search was reasonable as conducted. In fall 2005, the author published a comprehensive article on this topic in the Mississippi Law Journal entitled “Computer Searches of Probationers— Diminished Privacies, ‘Special Needs,’ and ‘Whilst’ Quiet Pedophiles—Plugging the Fourth Amendment Into the ‘Virtual Home Visit.’” In this brief article, he provides a practical overview of the legal and constitutional subject matter, with particular emphasis on the recent U.S. Supreme Court ruling Samson v. California, a case handed down after publication of his earlier article. This article also includes overview information related to the technology that comprises “computer-monitoring” in the field.

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Affiliations:  1: National Center for Justice and the Rule of Law.