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Electronic Evidence Flashcards

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1
Q

A defendant placed a cell phone on an outer windowsill and told detectives he did not want anymore. Can this phone be considered abandoned therefore immediately searched.

A

Yes

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2
Q

Can police immediately search a lost or misplaced cell phone?

A

Yes, to the extent necessary to determine its owner

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3
Q

Is sending a text to a suspect Phone considered a manipulating it or a search

A

No

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4
Q

Officers may answer and offenders phone during a _______ or _______ investigation to avoid losing evidence

A

Drug distribution or sexual enticement

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5
Q

If officers answer the suspects phone to avoid losing evidence and the caller implicates the defendant, what should the officers do?

A

Record their statements in the police report

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6
Q

Absent exigent circumstances Police may seize a phone only if they have ______ that it contains evidence

A

Probable cause

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7
Q

How many warrants are needed to seize and search a cell phone?

A

1

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8
Q

Do cell phone warrant affidavits need a date range for relevant events

A

Yes they must

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9
Q

__________describes the manner in which technicians limit their inspection to potentially relevant information on phone

A

Minimization protocol

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10
Q

What type of evidence may be examined beyond seven days?

A

Electronic evidence, including cell phones

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11
Q

The forensic experts have a _______ period of time beyond seven days to complete their examination of the cell phone

A

Reasonable

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12
Q

Under article 12, there must be __________ that a defendant can access the device in order to obtain a court order directing him to decrypt computer files. Enter his passcode or apply his finger to a scanner.

A

Proof beyond a reasonable doubt

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13
Q

If a suspects attorney has their phone, can Police get a subpoena to search the lawyer‘s office?

A

No, they need to get a warrant to search

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14
Q

What should we do before getting a warrant to search a lawyers office for suspect cell phone?

A

Consult with prosecutor

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15
Q

The Attorney General, a district attorney or one of their assistants may obtain records from my telephone or computer service company based on:

A

Reasonable suspicion

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16
Q

If an administrative subpoena for a phone or computer records is filed, the company must deliver the records within ___ days

A

14

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17
Q

The records obtained by administrative subpoena include (3)

A

Subscriber name, and address and log of calls

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18
Q

What phone or computer records cannot be accessed based on an administrative subpoena

A

Content based information,
For example, emails, texts, websites accessed

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19
Q

Program used by Police to directly connect to another users, computer to search and download files

A

The Roundup Ares program

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20
Q

Is there a bright line rule regarding accessing defendants post on social media?

A

No

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21
Q

What factors are relevant in evaluating whether police surveillance of social media was a search requiring probable cause and a warrant (2)

A

1.A users effort to maintain privacy
2. Any attempt by police at deception (creating account posing as a friend or relative vs. making a fake account that suspect accepts friend request from)

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22
Q

Can Police selection of social media targets be motivated by bias?

A

No

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23
Q

Does a defendant possession of a firearm in a Snapchat video support a search warrant

A

Yes

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24
Q

Is evidence that a defendants name appears as the author of a post or that post came from defendants account, sufficient proof that the defendant was the author?

A

No, you need additional “confirming circumstances”

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25
Q

Do recurrent spelling errors typical of a persons texts serve as further confirmation that they wrote the text messages/post

A

Yes

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26
Q

While police do not need a warrant to view evidence already observed by a private party, they do need a warrant to ______ their search of the device

A

Expand

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27
Q

When is a search warrant required to review body cam video?

A

If reviewing it for an unrelated investigation

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28
Q

Does the wiretap statute prohibit police use of body cameras to record a victim statement?

A

No

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29
Q

Can witnesses and police testify to observations made while viewing a video if the video is later accidentally erased or was not recorded

A

Yes

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30
Q

Non-targeted surveillance includes:

A

Cameras that view or record activity in public and private spaces constantly. They are installed by private or public property owners.

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31
Q

Whether police need a warrant for targeted video surveillance depends on (5)

A
  1. Duration
  2. Continuous or intermittent
  3. Whether it can be monitored live
  4. If it can gather information in quantities, that would be difficult for a human to do
  5. Level of visual detail captured
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32
Q

Does 13 days for pole cameras require a search warrant?

A

Yes

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33
Q

Officers must request a facial recognition search in _____

A

Writing

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34
Q

Officers need a court order supported by the ________ that a facial recognition search is relevant

A

Reasonable suspicion

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35
Q

When DONT state police need a court order or written request to search facial recognition

A

Performing investigatory functions related to the issuance of ID by the RMV

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36
Q

If the written request to the agency performing facial recognition search presents reasonable suspicion of an emergency, officers do not need a court order to (2):

A
  1. Identify a dead person
  2. Prevent a substantial risk of harm to any individual or group.
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37
Q

Is a facial recognition match a positive identification?

A

No

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38
Q

Can facial recognition matches, be standalone evidence of someone’s connection to a crime

A

No

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39
Q

Law-enforcement agencies must document each facial recognition search and provide information _____ to the ___________

A

Quarterly to the executive office of public safety and security (EOPSS)

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40
Q

When law-enforcement agencies record and submit documentation of each facial recognition search, is this information a public record?

A

No

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41
Q

Is limited use of automated license plate readers a search requiring a warrant

A

No

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42
Q

Who operates automated license plate readers on the Bourne and Sagamore bridges leading to Cape Cod?

A

State police

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43
Q

What information does the ALPRs (automated license plate readers) collect?

A

-Photograph every vehicle plate that crosses the bridge in either direction
-Records the date, time and direction of travel

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44
Q

How long are the automated license plate readers records preserved for?

A

1 year

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45
Q

If investigators add registration numbers to a hot list on the ALPR system, when will they be notified if that plate crosses the bridge

A

Live notification

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46
Q

What states that facial recognition match is not a positive identification

A

State police fraud investigation unit memorandum “applications for facial recognition search court order”

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47
Q

Did the SJC require a warrant for a limited search of Charlie card data

A

No

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48
Q

The Charlie card is capable of recording ___ months of information

A

14 months- if history for all 14 months was requested, that would be a search requiring a warrant

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49
Q

What is the recommendation in the future to obtain transit records and videos?

A

Investigator should obtain a warrant from a judge, unless they have documented exigent circumstances

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50
Q

To acquire historical cell site location information (CSLI) officers must:

A

Obtain a search warrant

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51
Q

While most people understand that their cell phone provider records the numbers they dial, they usually are not aware that their ______ is also recorded

A

Location

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52
Q

Can Police request cell site location information from a company instead of getting a search warrant?

A

No

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53
Q

Are phone companies allowed to voluntarily provide police with cell site location information

A

Yes but the police may not request it without a warrant

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54
Q

The scope of the cell site location information requested depends on

A

The crime being investigated

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55
Q

The scope of cell site location information requested should typically be for no more than

A

2 weeks

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56
Q

What is required to use a cell phone tracker?

A

Warrant

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57
Q

A StingRay cell site simulator is an example of a:

A

Cell phone tracker that obtains persons location

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58
Q

A StingRay cell site simulator is an example of a:

A

Cell phone tracker that obtains persons location

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59
Q

Police can ping a cell phone without a warrant when

A

There’s an emergency

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60
Q

You can ping a cell phone without a warrant for emergency aid. This rule covers people who are:

A

At risk for serious injury or death

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61
Q

If police obtain phone records based on exigent circumstances, and the ping leads to an arrest or the seizure of evidence, what should Police do?

A

Still obtain a warrant to take formal custody of records related to the ping

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62
Q

CSLI stands for:

A

Cell site location information

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63
Q

CSLI is admissible as a ________ with expert testimony

A

Business record

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64
Q

If using a cell phone app (ex find my iPhone) to locate a stolen phone, do you need a search warrant or expert testimony?

A

No. An officer can explain how the app works in court

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65
Q

What is needed to acquire “tower dumps” of CSLI?

A

Search warrant from a judge

66
Q

What do “tower dumps” provide to investigators?

A

CSLI for all phones connected to specific cell towers near the location of a crime at a specific time

67
Q

A cell tower generates a time stamped record known as

A

CSLI

68
Q

The two types of CSLI

A

Telephone call CSLI
Registration CSLI

69
Q

The type of CLSI when a person uses their phone to place or receive a call or text

A

Telephone call CSLI

70
Q

The type of CSLI that occurs without any action by the user, when cell phones regularly connect to the nearest cell site

A

Registration CSLI

71
Q

CSLI is more precise when tower has ______ coverage area and is equipped with advanced technology

A

Smaller

72
Q

_______ provides a log of every cell site a particular phone connected to within a given timeframe

A

Historical CSLI

73
Q

________ provides investigators with CSLI from every connecting device

A

Tower dump

74
Q

_________ is especially useful for investigating serial crimes

A

Tower dump

75
Q

Why do tower dumps require a search warrant from a judge?

A

Because they produce a massive amount of data

76
Q

The search warrant affidavit for a tower dump, must state that the numbers revealed by CSLI will only be examined if they are linked to more than ____ locations and times were offensive occurred

A

More than one

77
Q

A search warrant affidavit for a tower dump must present a protocol to:

A

Dispose of innocent, third-party information that is obtained

78
Q

GPS warrant may authorize monitoring for no more than ___ days from the date the warrant is issued

A

15

79
Q

Police may renew GPS warrants in additional ___ day increments

A

15-day

80
Q

Should police obtain a warrant to install a GPS unit in their informants car, even with the informants consent?

A

Yes

81
Q

Police may obtain _______ GPS data from probation without a warrant

A

Post-conviction

82
Q

Where is GPS data archived in the probation department?

A

The departments electronic monitoring system known as ELMO

83
Q

What is ELMO?

A

The probation departments electronic monitoring center where GPS data is archived

84
Q

Police ____ obtain POST conviction, GPS data from probation without a warrant. Police _____ can obtain PRE-trial GPS data from probation without a warrant.

A

May
Probably

85
Q

Can evidence obtained by a GPS be used even if it is later found that the judge did not have a legitimate reason to impose the GPS monitoring initially

A

No. Evidence has to be suppressed

86
Q

Is it a crime in Massachusetts for a private person to electronically monitor the movements of another person?

A

No

87
Q

Electronically monitoring, a citizen secretly may constitute what crime

A

Criminal harassment

88
Q

When determining how much publicly available information police can obtain without a warrant they use the ______ analysis

A

Mosaic

89
Q

When determining how much publicly available information police can obtain without a warrant they use the ______ analysis

A

Mosaic

90
Q

In cases involving ALPR’s, pole cameras, and MBTA records, the issue is whether the data generated became:

A

Pieces of tile in a mosaic

91
Q

When accessing public information without a warrant, take the _______ possible to develop probable cause then get a search warrant for more

A

“Smallest bite”

92
Q

The wiretap statue was enacted due to the threat to privacy that came from who?

A

Police and citizens

93
Q

The wiretap statue outlaws most secret recording by private citizens and insisted on ________ law-enforcement operations

A

Judicial supervision

94
Q

There are _____ and ______ prohibitions against unauthorized recording

A

Civil and criminal

95
Q

The wiretap law only covers the interception of _____ communication

A

Oral

96
Q

Offenders of the wiretap law can get up to ___ years in state prison

A

5

97
Q

Nonconsensual interceptions occur when none of the parties in the conversation know they are being recorded. Private citizens are ____ authorized to do this. Law-enforcement officers may only do this with a _______ warrant

A

Never
Wiretap warrant

98
Q

_________ interceptions occur when at least one party knows the conversation is recorded and consents to that fact

A

One party consensual

99
Q

Most secret recordings fall into what category:

A

One party consensual

100
Q

Can private citizens secretly record other people

A

No

101
Q

Can a client secretly record their attorney because of the attorney client privilege

A

No

102
Q

While a ban on private secret recordings makes sense the constitution does not permit a ban on secret _________ directed at police officers

A

Information gathering

103
Q

While a ban on private secret recordings makes sense the constitution does not permit a ban on secret _________ directed at police officers

A

Information gathering

104
Q

Can police charge citizens, including media, that secretly record them in the public performance of their duties?

A

No

105
Q

The ____ amendment gives citizens the right to document police activities

A

First amendment

106
Q

If a person is interfering with a police interaction, should you order them to turn off their cameras?

A

No, you should give them verbal directions, focusing on the improper behaviors. For example: standing too close

107
Q

What are the three limits to recording officers in public?

A
  1. Interference
  2. Need for privacy
  3. Evidence
108
Q

What is a proper police response to filming police and suspicious circumstances?

A

Investigative detention

109
Q

A man was videotaping a police station from a public sidewalk across the street. Two officers approached him and asked if he had ID, but he continued videotaping. The officers then handcuffed him and placed him in the cruiser. Was this reasonable?

A

The initial questioning and detention was reasonable. The handcuffing and placing him in a cruiser was and unlawful arrest because the officers actions were disproportionate to the potential threat

110
Q

The wiretap statute prohibits the use of an intercepting device. The definition of a device does not include:

A

Any phone equipment installed in ordinary course of business

111
Q

Who may intercept calls prevent violations, such as annoying phone calls?

A

Phone company investigators

112
Q

Do phone company investigators need judicial authorization to turn over the results to Police?

A

No

113
Q

Booking video does not violate the wiretap statute, even when the prisoner does not know, because booking is a:

A

Administrative procedure

114
Q

Can police eavesdrop on a phone call as an investigative tactic if they listen in on an extension phone?

A

Yes

115
Q

Police listen in on a conversation on an extension, can they testify about the overheard conversations at trial?

A

Yes

116
Q

Who may apply for a wire tap warrant?

A

Specially designated prosecutors after receiving written authorization from district attorney or Attorney General

117
Q

Where must they wire tap warrant application be presented?

A

To a superior court judge in the county where the interception will take place or the applicant is located

118
Q

For a wiretap warrant, the investigation must involve a:

A

Designated offense

119
Q

The designated offenses to get a wiretap warrant include (7):

A

Violence, gaming, prostitution, judicial, integrity, narcotics, extortion, bribery

120
Q

To get a wiretap warrant, the affidavit must present ________ that the underlying offense involved _______

A

Reasonable suspicion
Organized crime

121
Q

Was one school committee member and an assistant superintendent trying to get a $2000 “kickback” from a fence installer considered organized crime?

A

No

122
Q

When getting a wire tap warrant who has the burden to demonstrate while less intrusive methods are inadequate

A

Law enforcement

123
Q

Do police have to recruit an informant as attempted method before pursuing a wiretap?

A

No

124
Q

A wiretap affidavit must identify the particular _____ and ______ to be monitored

A

Individuals and phone lines

125
Q

Can police record unidentified parties having conversations with their named targets about the crimes under investigation?

A

Yes

126
Q

Can a wire tap warrant permit the interception of cell phone calls or text messages?

A

Both

127
Q

If wiretap was granted for a loanshark investigation, but the intercepted conversations discussed drug dealing as well. What should the prosecutor do?

A

Petition the court to expand the investigation to broader coverage

128
Q

Can a wiretap warrant authorize secret entry to install the listening device

A

Yes

129
Q

The wiretap warrant must be executed within 30 days of:

A

Equipment installation

130
Q

The actual listening time in a wiretap warrant is limited to ____ consecutive days within the 30 day period

A

15 consecutive days

131
Q

When must surveillance tapes be returned to court for a wire to warrant

A

Within seven days after the warrant ends

132
Q

Can a prosecutor present recordings from a wire tap warrant to the grand jury before judicial review

A

Yes

133
Q

Surveillance tapes for a wire tap warrant must be returned to

A

The judge that issued the warrant

134
Q

An attested copy of the wiretap warrant must be served on the targets and the

A

Phone line subscribers

135
Q

If a wiretap warrant alleges “exigent circumstances”, the warrant must be served within:

A

30 days after it expires

136
Q

If a wiretap warrant affiant alleges “important special facts concerning the need for secrecy”, the warrant service must occur within

A

Three years of its expiration

137
Q

_______ notes the numbers dialed for a particular phone

A

Pen register

138
Q

_______ notes incoming calls

A

Cross frame trap

139
Q

What is required to get a pen register or cross trap?

A

Wiretap warrant

140
Q

If Police already have a wire tap warrant in place do they need separate authorization to use pen registers or cross traps?

A

No

141
Q

Can a judge order that a phone company help install devices needed in a wire tap warrant?

A

Yes

142
Q

The federal wiretap law only applies to the interception of voices. Therefore, pen registers and cross traps may be installed without a warrant. The devices are authorized for a maximum of

A

60 days with the possibility of a 60 day extension

143
Q

When is a warrantless interception of oral communications authorized? (4)

A
  1. Under supervision of police
  2. Investigating a designated defense
  3. One person in the conversation consents
  4. Reasonable suspicion of organized crime
144
Q

Does the requirement of investigative necessity come in to play during warrantless one party consent recordings?

A

No

145
Q

When police want to record in a suspects home, they must obtain a

A

Blood warrant

146
Q

A blood war is different because instead of seizing tangible evidence, it authorizes the collection of

A

Oral communication

147
Q

Does federal law still permit consensual recording in a home without a warrant?

A

Yes but not Massachusetts law

148
Q

4 exceptions to the blood warrant

A
  1. Federal investigation
  2. Officer safety
  3. Outside suspect dwelling
  4. Exigent circumstances
149
Q

When local officers participate in a federally run investigation, does the blood warrant standard apply?

A

No

150
Q

If state involvement in a federal investigation creates at least a “combined enterprise”, participating federal officers are held to the Massachusetts standard blood warrant if

A

The case ends up in state court

151
Q

Can police officers acting in an undercover capacity wear a wire for safety without a blood warrant

A

Yes, but the recorded interceptions may not be used as evidence unless police followed the relevant legal procedures

152
Q

If there is no organized crime suspected, can an undercover officer still wear a wire for safety

A

Yes

153
Q

Is blood warrant needed in vehicles

A

No

154
Q

His blood warrant necessary in a jail cell

A

No

155
Q

Regarding a blood warrant does a suspect have an expectation of privacy in an associates dwelling

A

They might

156
Q

Was a blood warrant necessary to videotape a drug transaction in a motel room where the defendant had been invited

A

No

157
Q

What happens to recordings that were unlawfully created by government officials or their agents?

A

Suppressed

158
Q

Can an individual who listens to an unlawful recording either while it’s made or later testify about it

A

No

159
Q

Who can testify about unlawfully recorded conversations?

A

Anyone personally involved in the recorded conversation

160
Q

If a secret recording of an undercover drug deal is suppressed because it’s a violation of blood, can the undercover agent still testify?

A

Yes

Crim Law Other (27 decks)

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