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warrants and electronic evidence

Part I

Imagine that you are a crime scene investigator, and you have been assigned to three new cases.

Read the description of each case.

Identify whether or not a search warrant is necessary in the following tables. Explain your response.

Case 1

You are a police detective in the white-collar division of the police department. You have received an anonymous call that a male subject at 145 Oak Street is committing fraud and identity theft. The caller explains that the subject has a digital camera, several computers, and printers that he uses to make fake identification cards and fraudulent checks. You and your partner go to this location to conduct an investigative knock and talk. You knock on the door and a male subject answers. You ask if you and your partner can come into the residence to speak with him. The male subject permits the two of you to come into his residence. You immediately notice in plain view two computers and printers on a table. You also notice a stack of identification cards next to the computer. The male subject starts to act nervous.

Question

Answer

Is a search warrant necessary in this case to search for and seize evidence? Explain your response.

Case 2
A woman comes into your office to file a complaint that she is being stalked by her ex-husband since they got divorced several months ago. She explains that her ex-husband seems to know what websites she visits online and where she travels throughout the day. The woman tells you that her ex-husband purchased a laptop and cell phone for her when they were married. She thinks he may be using these electronic devices to stalk her. The woman gives you the laptop and cell phone as possible evidence.

Question

Answer

Is a search warrant necessary in this case to search for and seize evidence? Explain your response.

Case 3
You receive a tip from the National Center for Missing and Exploited Children (NCMEC) in reference to an Internet protocol (IP) address that was downloading three files of child pornography. You obtain a subpoena for the subscriber information from the Internet service provider (ISP). You and your partner decide to contact the subject at the residential address provided by the ISP. Because there are only three files reported by NCMEC, you decide to do a knock and talk. A male subject answers the door. The male subject starts to act nervous when you question him about downloading child pornography. The male subject tells you that he needs mental help, because he did download the files and he wants to download more.

Question

Answer

Is a search warrant necessary in this case to search for and seize evidence? Explain your response.

Part II

Now that you have determined which cases require a search warrant, you must obtain and execute a search warrant to gather and preserve the evidence.

Answer the following questions to explain how you would complete the steps.

Question

Answer

How would you obtain and execute a search warrant?

How would you gather and preserve the evidence?

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