Electronic Law and Evidence

Question 1

EPO #1

How many consenting parties do you need to excuse T3 requirements?

Answer 1

One Parties consent

Question 2

EPO #1

What devices are excluded from T3?

Answer 2

Beepers, transponders, and tone only pagers are excluded

Question 3

EPO #1

What type of device that is being used to intercept a “real time” requires a T3 order?

Answer 3

ANY device (even a cup against the wall) that is used to intercept a real time conversation requires a T3 order

Question 4

EPO #1

Does Video Only surveillance require a T3 order? Video Teleconferencing?

Answer 4

Video Only - NO T3

Video Teleconferencing - YES, need T3 when you add audio

Question 5

EPO #1

What do you need in order to obtain a wiretap order?

Answer 5

Requires DOJ pre-approval and the order must be signed by a Real Judge (Not a Magistrate)

Question 6

EPO #2

What do you need to install a GPS/Tracking Device in someones car?

Answer 6

You need a Warrant

Question 7

EPO #2

What regulates installation and monitoring of Mobile Tracking Devices (GPS)?

Answer 7

The Fourth Amendment

Question 8

EPO #2

What do you need to track a package from room to room within someone’s house? Why do you need this?

Answer 8

Warrant

You need a Warrant because there is REP in the house

Question 9

EPO #3

What governs/regulates Pen Registers and Trap & Trace Devices?

Answer 9

Statute - if you don’t get an order its a FELONY

Question 10

EPO #3

What document from court do you need to get a Pen Register? How long is it good for?

Answer 10

Court Order - Good for 60 days (can be signed by USMJ)

Question 11

EPO #3

What document from court do you need to get a Trap & Trace? How long is it good for?

Answer 11

Court Order - Good for 60 days (can be signed by USMJ)

Question 12

EPO #4

Do you need a T3 to get Video Only Surveillance?

Answer 12

NO, Video only excluded from T3, it is purely a 4th Amendment Issue based on REP

Question 13

EPO #4

What do you need to use Video Only Surveillance in an area of REP?

Answer 13

You need a Warrant per the Fourth Amendment

Question 14

EPO #4

What do you need, to install a device in an area of REP?

Answer 14

Search Warrant

Question 15

EPO #4

Do you need a warrant to put a camera in a non REP area?

Answer 15

NO

Question 16

EPO #5

What do you need if you want the “Content” of a stored communication?

Answer 16

Warrant

Question 17

EPO #5

What do you need to get “Transactional Stored Communications”?

Answer 17

2703(d) - Court Order

Question 18

EPO #5

What do you need to get “Basic Subscriber Info”.

Answer 18

Subpeona

Question 19

EPO #5

What do you need to prevent people from deleting emails while you are trying to get a warrant?

Answer 19

2703(f) - Preservation Order

Question 20

EPO #7
Person takes his computer to get fixed and the person fixing it finds child porn on the computer. Is there a Fourth Amendment issue?

Answer 20

NO, private searches not reguated by 4th Amend

Question 21

EPO #7
You as a LEO are searching a computer lawfully with a warrant looking for one thing. While you are looking for that one thing, you find child porn (not intent of the original search). Can you charge the person for child porn? Can you now search for child porn?

Answer 21

Yes, you can charge the person with child porn under plain view

You need to get a New Warrant if you want to continue searching for child porn on that computer

Question 22

EPO #7

Can you search the contents of a pager, SIA?

Answer 22

YES

Question 23

EPO #7
If you are in a suspect’s office and you see incriminating evidence on the computer screen and they start deleting it, what can you do? Based on what? Can you search that computer?

Answer 23

You can immediately seize the computer because it’s an exigent circumstance (destruction of evidence)

You can search the seized computer, but you need a Warrant

Question 24

EPO #8

What is the difference betwen a “data” search and a regular search for real evidence?

Answer 24

Only real difference is that you have to justify the off-site search where you seize it first and search it off-site

Question 25

EPO #8
Where can you get a warrant when you want to search/seize stored electronic communications that are stored in more than one district?

Answer 25

You can get a warrant from any court with jurisdiction over the offense (Multi-Jurisdictional Warrants)

Question 26

EPO #8

Can you get mult-jurisdictional warrants for communications (emails)?

Answer 26

YES

Question 27

EPO #8

Can you get mult-jurisdictional warrants for “data” (attached spreadsheets, etc)?

Answer 27

NO, you need a warrant per District of storage

Question 28

EPO #8
Can you search other media storage devices (CD’s, DVD’s, external hard drives, thumb drives, etc.) with your warrant to search the computer?

Answer 28

NO, you do NOT have authority to search these items, they must be specified in your warrant

Question 29

EPO #9

Do knock & announce rules (section 3109) apply to searches for data?

Answer 29

YES

Question 30

EPO #9

If you develope RS that suspect is about destroy computer files, do you still need to K&A?

Answer 30

NO, exigent circumstance for destroying evidence

Question 31

EPO #9

Does Section 3109 (Knock & Announce requirements) apply to searches of computers and searches of data?

Answer 31

YES

Question 32

EPO #9

Do you still need to comply with K&A (section 3109) if there is danger?

Answer 32

No, its an exception to K&A requirements

Question 33

EPO #10

Does data have to be “authenticated” like all other evidence? If so, how do you authenticate it?

Answer 33

Yes - must authenticate

You can authenticate in two ways:

1. By showing files haven’t been altered since they were seized
2. Proving Authorship (shown through circumstantial evidence, looking at who had access to the computer and who has passwords to protected files in the computer)