디지털 시대의 압수ㆍ수색과 관련한 미국 연방법원의 판단기준

Abstract

On January 23, 2012 the Supreme Court of the United States decided whether the attachment of a Global-Positioning-System tracking device to an individual's vehicle, and subsequent use of that device to monitor the vehicle's movement on public streets, constitutes a search or seizure within the meaning of the Fourth Amendment. The Supreme Court hold that the Government's installation of a GPS device on a target's vehicle, and its use of that device to monitor the vehicle's movements, constitutes a search. On the other hand, at present, the common understanding is that the Supreme Court holds that reasonable suspicion is required only for non-routine border searches that are intrusive or invasive. But reasonable suspicion is a notoriously flexible standard, and a relatively undeveloped area of the law. Therefore, whatever consensus may have existed among the district courts, the Ninth Circuit Court of Appeals has since stepped in and stopped the trend. Above all in the digital age, risks of infringement of human rights have arisen, although technology has assisted criminal justice agencies, as above mentioned, like a laptop search and seizure in the border.