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This is true because of the following: Computer storage devices (hard disks, diskettes, tape, and removable drives) can store the equivalent of thousands or millions of pages of information. When users desire to conceal criminal evidence, they often store the information in random order with deceptive file names. Directories and subdirectories that contain these files can also be electronically hidden from normal view. Special forensic software is required to detect these hidden directories. This requires that searching authorities examine all the stored data to determine whether it is included in the search warrant. This sorting process can take weeks or months, depending on the volume of data stored. This would make it impractical to attempt this kind of forensic analysis on site at the time of search warrant execution. Searching computer systems for criminal evidence is a highly technical process requiring expert skills in a properly controlled environment. The vast array of computer hardware and software available requires even computer experts to specialize in some systems and applications. It is difficult to predict before a search which expert should analyze the system and its data. The search of a computer is an exacting scientific procedure which is designed to protect the...
Since computer evidence is extremely vulnerable to tampering or destruction from both external sources or from destructive codes imbedded in the system in the form of a "booby trap," the controlled environment of a forensic laboratory is essential to its complete and accurate analysis and retrieval. In order to fully retrieve data from a computer system, the forensic analyst needs all magnetic storage devices, as well as the central processing unit (CPU).
c. In addition, there is probable cause to believe that the computer and its storage devices, monitor, keyboard, modem, printer, as well as all internal and external storage devices are all instruments used in the commission of this crime and should be seized as such.
3. Officer John Smith has probable cause for said belief by reason of the following facts:
a. During the course of this investigation and preparation of this warrant, Officer has consulted with an Investigator for the Denton County Criminal District Attorney's Office, Denton, Denton County, Texas. The investigator is responsible for the investigation of cases involving computers utilized in criminal activities.
Domestic Terrorism The Al-Qaeda group is probably the most popular terrorist group known this century for their very high-profile attacks; their most bold move was the destruction of the World Trade Center, now known today as 911, or September 11th. These motives are said to be of the religious sort, however there are arguments when it comes to the validity of these claims, as it may come off as to discriminate
Right's residential property. Mr. Sight can still be held and charged on any evidence taken directly from his person, but not from the evidence secured from his private residence. Reasons Although the K-9 team alerted to the presence of drugs in Mr. Right's residence, his dwelling was not in the content of the initial warrant. There was no mentioning of anything to do with Mr. Right's residence, nor any suspicion to
Cause A warrant may or may not be required to arrest the defendant when the officer has probable cause to believe that the defendant has committed armed assault, and probable cause to believe that the defendant is hiding in a third person's garage. A warrant is not required to arrest a defendant for a felony that an officer has probable cause to believe the defendant committed. Additionally, a warrant is
search and seizure laws. The writer uses several cases to present a detailed exploration of search and seizure laws and how the courts rule when they are challenged. There were five sources used to complete this paper. The Constitution of the United States provides protection from illegal search and seizures through the fourth amendment. The fourth amendment is written in such a way that it can be vague when it
Crime Control/Procedures The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judge may interpret sentencing, procedure and rulings, there are still formal rules of law that provide for a basis for upholding the Constitution. In a given situation, for example, the Judge
" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment was held to apply to state proceedings. This directly overturned the ruling in Wolf v. Colorado, which stated explicitly that the Fourteenth Amendment did not disallow illegally obtained evidence from being used in