In recent months, a lot of controversy has surrounded the use of electronic search warrants or the use of electronic devices to deliver search warrants especially in drug related crimes. Many prosecutors have advocated for the legalization of the use of such devices especially in emergencies where delay in thus issuing of a search may lead to a situation where a particular case is compromised, for instance the suspect may destroy or contaminate the drugs to be used as evidence. The delay may be occasioned by the fact that the officer or agent conducting the search may have to physically go to a magistrate or a judge to obtain a warrant. Opposers of such a move claim that the use of electronic search warrants of the use of electronic devices to deliver is an infringement of the Fourth Amendments rights. This is fact the fact that has played in most judges and magistrates minds that refuse to accept such warrants arguing that they go against the Fourth Amendment. All factors taken into consideration, the use of electronic devices should be instituted, as it will remove the inconvenient barrier of physically acquiring a search warrant that will in many cases leads to compromise of crucial drug cases, such as the destruction or contamination of evidence.
The research will commence by conducting a comprehensive literature review that regards to the topic. Literature to be reviewed will include peer reviewed scholarly articles and books. Of focus will be inconvenience of physical search, which is caused by delays warrants and which consequently leads to the derailment of justice. The review will also focus on the rights provided in the Fourth Amendment especially in regards to property searches. The aim of this will be to possibly make a connection between the two aspects, that is, the Fourth Amendment rights and the use of electronic search warrants. The literature review will, also focus on past research that has been done pertaining to the suitability of electronic search warrants or the use of electronic devices in delivering them.
The second part of the research will involve interviews with various stakeholders in the legal department. This will include state prosecutors, magistrates and judges, federal agents, particularly those from the D.E.A and finally members of the society who will all give their views on the issue at hand. There will be particular focus on the federal agents who are the ones who conduct drug searches and the interviews will require them to detail their experiences with search warrants.
At the end, it will be shown that electronic search warrants and the use of electronic devices to deliver search warrants, especially in drug related cases is something that should be constitutionally institutionalized to ensure the prevalence of justice.