Question

In Chapter 8 of your textbook on page 258, please read the “DEBATES” problem regarding a potential violation of the 4^th amendment rights when the FBI obtained a federal search warrant for Mr. Dayley running an illegal gambling and loan sharking operation. Answer and discuss the following question:

258 Part 4: Fraud Investigation three months of your ait i posble for a tooth of Mr. Dayley and searched through to have more than one cavity. Using this field, Suspecting most of the records were contai Td calculate the total number of cavities submitted for personal computer, the FBI began att each patient. Do any patients seem to be visiting the the computer's various files dentist too often? arioms CHAP Unable to access the needed files because 4. Patients normally need to live close to their dentists word barriers, the FBI installed a syster oa key logger system (KLS). This system was office. A good fraud search is to calculate the mine the keystrokes made on a com distance from each customer's address to his or allowed the FBI to disco because receiving service requires a visit to the ver the password needed enter the incriminating files. The di her dentist's office address using a geographic information system lke Goople Maps or MapQuest. gathering of evidence linking Mr. Dayley to tho For this question, simply determine if any patients pected illegal operation. live in different states than their dentists. Do any patients seem to have a long drive to their dentists violated? Were Mr. Dayley's Fourth Fourth Amendment rihs offices? LEAR After s stol NTERNET ASSIGNMENTS ENDNOTES 1. www.fbi.gov/page2/march04/doclabhtm Today, many data analysis tools are available to pro vide assistance to fraud examiners when searching for 2. www.fbi-govlcongress/congress06/m12060 possible fraudulent activities within a company. Visit the Association of Certified Fraud Examiners Web 3. The authors wish to point out the di rence site (www.acfe.com) and list some of the computer- aided data analysis tools and services available to fraud htm the Ac fri Pe between forensic document experts and grapbolo gists, as commonly practiced in North America. Forensic document experts are typically required to actually practice in a laboratory setting, applying such techniques as examining documents for fin- gerprints, indented writing, handwriting or type writing, similarities, etc. They generally possess DEBATES An excerpt from the Fourth Amendment reads: The right of the people to be secure in their persons, houses, accredited degrees in areas of applied science Graphology (a term used in conjunction with some papers, and effects, against unreasonable searches and forensic document experts in Europe) is practiced seizures, shall not be violated, and no Warrants shall in North America by individuals (graphologists) issue, but upon probable cause, supported by Oath or who generally undertake home study courses in affirmation, and particularly describing the place to be handwriting and its application to personalities. searched, and the persons or things to be seized. bling and loan sharking operation, the FBI obtained a federal search warrant. The FBI entered the residence We strongly urge caution in differentiating between Suspecting a Mr. Dayley of running an illegal gam- forensic document experts and graphologists wha seeking the truth in any investigation involving t need for expert review of questioned documents

1. Were Mr. Dayley’s Fourth Amendment rights violated? Please discuss why
2. Comment on another students’ post and either ask them a question or challenge their thoughts with another point of view

Answer 1

No here Mr. Dayley rights which are provided by Fourth amendment were not violated because the FBI brought the search warrant against him to search his house from a Judge. No judge will issue a search warrant if the reason to search is not applicable and if it is against the Fourth amendment. Here FBI provided the information to judge that Mr.Dayley is doing illegal business and only to get evidence that Mr.Dayley is doing illegal business FBI applied for search warrant. Thus Judge was convinced that Fourth amendment rights are not violated as Mr. Dayley is doing illegal business. So he issued search warrant.

In constitution it is mentioned that with a reasonable cause with an oath of affirmation they can search some one's home or place and they can seize them. In this FBI is having a reasonable cause as they are government employees who took oath to protect the constitution. So no violation of Fourth amendment rights took place in Mr.Dayley case.