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Exam 5 > Search of Electronic Devices > Flashcards

Search of Electronic Devices Flashcards

1
Q

searches of computers are governed by ________.

A
  • 4th amendment
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2
Q

private searches of computers:

A
  • does not trigger 4th (allowed)

- ex: computer repairman finds evidence on a computer and gives to an LEO

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3
Q

no REP

A
  • if target has no REP, 4th not triggered
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4
Q

when a computer has no REP:

A

A) exposure to public

B) stolen computers

C) 3rd party possession

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5
Q

consent to search computers must be:

A

1) voluntary

2) actual or apparent authority

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6
Q

co-users can give consent to search computer but if one party objects…

A
  • there is NO CONSENT
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7
Q

can consent be withdrawn or limited?

A

YES

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8
Q

if computer has a network banner….

A
  • consent is not necessary.
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9
Q

can network administrators give consent?

A

YES

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10
Q

3rd party consent:

husband > wife
parents > minor child
parents > adult child
roommate > roommate

A
  • husband > wife
  • parents > minor child
  • parents > adult child
  • roommate > roommate
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11
Q

warrantless searches during exigent circumstances:

A

depends on:

  • is there enough time to get a warrant?
  • destruction of evidence?
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12
Q

what can you do during an exigent circumstance?

A
  • seize the computer, but must get a warrant after computer is seized.
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13
Q

requirements for a plain view seizure (warrantless seizure):

A

1) lawfully present

2) incriminating evidence immediately apparent

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14
Q

when you find evidence during plain view, you can not abandon your original search and begin….

A
  • searching for evidence of another crime!
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15
Q

search incident to arrest requirements:

A

1) lawful arrest

2) contemporaneous search

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16
Q

what is the scope of an SIA (warrantless search):

A
  • head to toe

- areas of immediate control

17
Q

what do you need to search a mobile phone?

A
  • A SEARCH WARRANT
18
Q

purpose of inventory (warrantless search):

A
  • to inventory items NOT to search for evidence of a crime.
19
Q

what are the requirements for an inventory:

A

1) lawful impoundment
2) standardized policy

**DO NOT INVENTORY DATA

20
Q

problems with searching a computer for data:

A
  • mislabeled info.
  • encrypted info.
  • data can be instantly erased or destroyed
  • data can be easily hidden
21
Q

issues when preparing a search warrant for a computer:

A
  • pre search info (types of computers, software)
  • meeting the particularity requirement
  • justifying an off site search
  • what jurisdiction do you get the warrant for?
22
Q

pre search info needed:

A
  • types of computer
  • types of software
  • network connections
23
Q

meeting the particularity requirement:

A

1) independent component doctrine

2) identifying the objects of the search

24
Q

independent component doctrine:

A
  • you must establish PC to search each component of the computer
25
Q

a warrant authorizing the search of a computer does not allow…..

A
  • a search of detached devices
  • ex: thumb drives, dvd’s, separate hard drive

**KEYBOARD, SCANNER, MANUALS SHOULD EACH BE SEPARATELY JUSTIFIED.

26
Q

requesting to search for records:

A

1) all records: you can not request to seize all business records unless you have PC to believe that the target’s criminal history pervades the entire business (too broad)
2) records in any form: includes paper and electronic records.

27
Q

you must establish PC for data (true or false)

A

TRUE

28
Q

hardware

A
  • the computer itself not the data
29
Q

off site searches:

A
  • you must justify in the warrant why you need to remove the computer to do an off site search.
30
Q

reasons to do an off site search:

A
  • data hidden or encrypted
  • time or tools not available
  • number and size of computer
  • condition of scene safe or unclean
31
Q

jurisdictional requirements for data/stored emails:

A
  • data: if data is stored in more than one district, you must obtain a warrant in EACH DISTRICT where the data is located
  • stored emails: the judge who has jurisdiction of the offense may issue the warrant and its good in all jurisdictions
32
Q

things to consider before executing a search warrant:

A
  • technical assistance
  • knock and announce rule
  • no knock warrant needed?
33
Q

technical assistance

A
  • non LEO personnel can assist

- forensic experts should be with you

34
Q

authentication of data/files:

A
  • government must “LAY THE FOUNDATION” for all physical evidence
  • government must establish CHAIN OF CUSTODY
35
Q

2 parts of authentication of evidence/files:

A

1) ensure the files are not altered after seizure

2) prove the authorship of the files

36
Q

defending claims of alteration:

A
  • use forensic experts to help you collect files or data without altering
37
Q

who is the author of those files?

A
  • you have to prove authorship by circumstantial evidence
  • you must determine:
    • who had access
    • any passwords
    • any trace evidence
    • can you match email attachments

Exam 5 (9 decks)

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