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Authors

Patrick Hand

Keywords

Criminal, Computer, Database, Probable Cause

Abstract

The National Crime Information Center (NCIC) is the most comprehensive computerized system for storing criminal justice information. It is managed by the FBI, but is used at the federal, state, and local level as an investigative tool. The use of computerized criminal information has raised questions in cases where an arrest was made relying on computer information which later proved to have been inaccurate. This Note discusses the fourth amendment implications of arrest based on inaccurate computer information and articulates the circumstances under which such an arrest should be upheld. NCIC safeguards are discussed and it is recommended that the courts take judicial notice of NCIC operating policies and procedures as a guide to determining whether probable cause has been established where arrest is based on inaccurate computer information.

Included in

Criminal Law Commons

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