Chapter 10 Flashcards
what do we do with these laws and how do they impact digital evidence
interpret old laws
what amendment governs search and seizure
FOURTH AMENDMENT
why were Americans pissed and made this amendment
-British soldiers were allowed to stay in your house.
-the British looked through their homes without probable cause
what is a search warrant
a signed affidavit
who signs a warrant
the judge or a neutral magistrate
what should the search warrant spell out
probable cause.
what aspects need to be stated in the statement of probable cause
1) a crime has been committed,
2) evidence of that crime exists
3) evidence exists within the place to be searched
4) provide a description of the place to be search under the warrant and/or seized.
(finish the statement) always get a warrant….
if you can
what did the framers want to protect
rights of privacy by going through a judge
what are the issues with searches with warrants
jurisdiction issues
exclusionary rule
what is the exclusionary rule
a. In court when the government collects an illegal search so the evidence is not permitted in court
independant source expectation
a third party comes with evidence that helps the case includes eyewitness testimony
what is the remedy for the exclusionary rule
good faith rule
T/F most searches conducted by the police occur within the context of a warrant
FALSE - they do not
Police are allowed a quick pat down based on what?
reasonable suspension
T/F a stop and frisk is not a search under the fourth amendments
TRUE
courts allow a stop and frisk because they want what?
officer safety
what is stop and frisk for
search for weapons or illegal contraband
do the police have the right to search your phone if they stop and frisk you
nope! This policy isn’t used for digital evidence
what is consent
you give permission to search
T/F There is probable cause and reasonable suspicion with consent
FALSE
Does consent apply to digital evidence
YES!!! it does
who can give consent
you
your spouse
employer (work computer)
School officials + minors
roommates (who have access/ u gave them the password)
