Quiz 7 Flashcards
In order to be considered an expert witness, the expert has to have a Ph.D or other lofty credentials. True or False?
False
The duty to preserve potentially relevant data begins when there is a reasonable anticipation of litigation. Failing to recognize this trigger and take action can result in spoliation and sanctions. True or False?
True
For Fourth Amendment purposes, a person becomes an agent of the government if acting at the request of law enforcement and so it would be no different than if a police officer conducted the search. True or False?
True
Border searches and searches by probation and parole officers are afforded more latitude because individuals on probation or parole have less of an expectation of privacy than other citizens. True or False?
True
If the Geek Squad at Best Buy is working on a home computer and in the process, they find child pornography images on the machine, those images are admissible because private searches are not afforded Fourth Amendment protection. True or False?
True
Under exigent circumstances, the immediate seizure of a device does not automatically permit an immediate search, if the exigency no longer exists. True or False?
True
The Stored Communications Act (SCA), enacted in 1946, provides statutory privacy protection for Internet Service Providers. True or False?
False
“The process of collecting, preparing, reviewing, and producing electronically stored information in the context of the legal process” defines the Stored Communications Act (SCA). True or False?
False
“A fair probability that contraband or evidence of a crime will be found in a particular place” is the definition of the plain view doctrine. True or False?
False
The party granting consent can set forth restrictions on the search and officers must abide with this request. That means you may limit the search to the house, but restrict a search of your computer. True or False?
True
Common means of discovery include (choose all that apply)
interrogatories
depositions
requests for document production
Once having given consent, you cannot withdraw consent. True or False?
False
A company computer use policy that clearly spells out that work computers, e-mail, and so on are for work purposes only and that they may be searched at any time is an accepted best practice. True or False?
True
When in doubt, law enforcement should make the affidavit overly broad, asking for “any and all files on a suspect’s hard drive” True or False?
False
If a device is shared, all parties have the authority to provide consent to search its common areas and password protected areas if the suspect has shared the password with the third party. True or False?
True
