In a day and age where technology is the best known way to spread information that would otherwise be kept on the down low, a computer becomes a quiet man's public mind. When police go to search a suspect’s home to find what might have caused them to take a gun into an elementary school and kill innocent children and people, the seizure of a computer can become the biggest insight to investigators as to what leads to such an event. Computer forensics is defined as “the discipline that combines elements of law and computer science to collect and analyze data from computer systems, networks, wireless communications, and storage devices in a way that is admissible as evidence in a court of law” (US-CERT, “Forensics”). Computer forensics is a …show more content…
These exceptions include consensual search, the plain sight doctrine, picked up or given evidence, and exigent circumstances. The first exception is based on consent. If police come to an individual’s door and ask to search, the homeowner can allow it. In this case, it is consensual and no warrant is needed. The next exception is one that allows officers the right to search if they see something suspicious in plain sight. With this allowance, “police officers can legally search an area and seize evidence if it is clearly visible” (Morrow, “Know Your Rights: Can You Be Searched Without a Warrant?”). This could be anything that police are able to see while a door is open, such as multiple rigged computers, multiple cell phones, drugs, or even weapons of sorts. The third omission from a warrant is if the evidence is found by them or handed to them by somebody in connection with the incident and officials have a reason to believe that the contents would lead them to the suspect. An example would be if police found a dummy phone on a crime scene that was only used a couple of times to make a phone call, then they could seize and search it without the need of a warrant. The final warrant exclusion would be anything that required immediate action. If the suspect is firing at police, then police have a right to search without a warrant, as a warrant …show more content…
Adam Lanza, however, was not the only criminal to have his computer searched and it return interesting results. When Wayne Harris’s (the young boy behind the Columbine shooting) computer was searched by police, they found web pages he created that were traced with “images of fire and skulls, devils and weapons. In oversized lettering, he quoted from KMFDM, a German rock band whose song "Waste" includes these lyrics: ‘What I don't say I don't do. What I don't do I don't like. What I don't like I waste’" (Duggan, Shear, Fisher, “Shooter Pair Mixed Fantasy, Reality”). It is certain findings like these that make it clear that there was something deeper within the person to cause them to do what they did. With the Virginia Tech shooter, Seung-Hui Cho, he had destroyed the hard drive to his computer to destroy, what he thought, was all evidence. However, when investigators searched certain databases, they found that he had made a purchase of an additional 10-round magazine on March 23, 2007, with the shooting taking place less than a month later, on April
A warrantless search voids the constitutional right of the citizen hence, all the evidence obtained will be evicted by the court of law. While the statement holds true, there are situation where a officer of the law does not require a warrant. "Plane view exception", "Consent", and "Search Incident to Lawful Arrest" are three out of the six exception to the warrant requirement (NPC, Exceptions to the Warrant Requirement). One of the case where the judge ruled out in favor of the defendant for warrantless search is the case of "Rodriguez v. Unites States." The foundation of the case was based upon the timing from when the ticket was issued for a traffic violation to when the dog was called to sniff the car (Constitution Daily, Rodriguez v. United States). While the officer claimed the delay was caused by waiting on the backup, the exception does not fall under the
One exception to the warrant requirement of the Fourth Amendment is a search incident to a lawful arrest. A search incident to lawful arrest requires a valid arrest as a foundation for conducting a search following an arrest (Ingram, 2009). In this particular type of arrest, a police officer will first begin the process by obtaining full control over an individual. Once the officer obtains full control over the individual he or she will then determine where, when, and how the person will either move from or stay in a particular area (Ingram, 2009). The next move is for the officer, after detaining the individual in question, is to then search the individual to find incriminating evidence. It is important to note that this type of search is actually permitted under the law.
The most common exception is when an officer is acting in good faith. Other exceptions include when a person’s rights are not violated by the search; if it can be proven that the evidence would have been predictably discovered; if the evidence was discovered by an uncontrollable chain of events; to prove a defendant committed perjury when that defendant chose to stand witness; and as evidence before a grand jury (Exclusionary Rule - Origins And Development Of The Rule,
Forensic science has paved the way to a new world of technological advancements in solving crime, through DNA analysis, new technology such as M-Vac, improving systems such as CODIS and other investigative methods. As forensic science technology advances, the chance of an individual being able to commit a crime and walk away free without leaving any trace of evidence will lessen. While forensic science has its limitations, it can be the only way to provide an accurate account of what actually occurred at some crime scenes.
Have you ever been to Iowa State University and seen all of the magnificent art that is located on campus? Iowa State is home to one of the largest campus public art collections in the United States. There are over 2,000 works of public art (George Washington Carver). The foundation of the contemporary Art on Campus Collection and Program began during the Depression in the 1930s, when Iowa State's President Hughes envisioned that, "The arts would
Despite a large number of high-profile cases surrounding general technology and criminal investigations, the majority of advancements in the field have been undeniably beneficial to the law enforcement community. Ballistics, the study of dynamics of projectiles, has aided authorities in tracing countless criminals. By maintaining a record of firearm and ammunition types, sources, and characteristics, investigators are given an invaluable tool in collecting information about crimes. The recent advent of DNA testing and analysis allows for incontrovertible identification of individuals. Traces as insubstantial as fingernails, hair, and skin cells can place an individual at the scene of a crime. Police who are equipped with laptop computers can instantly look up the history of a vehicle, including whether it was reported as stolen or owned by an individual with outstanding warrants. Many innovations have indisputably aided criminal investigation without causing controversy. However, there have been a multitude of technologies that have incited oversensitive privacy advocates.
There are many departments both inside and outside the criminal justice system that relies greatly on the use of advanced technology, as it appears to be a big help in many areas of the professional field, some of which includes Medical Services, fire departments, and law enforcement agencies. All these agencies and more now rely on information and communication for their tasks to be effective and advance technology has certainly has necessitated true production and efficiency. Now all it takes are a few click of a button to pull this information in a much faster way with computer systems. Information can now be retained from building structures a few feet away on a department computer, or even miles away from a remote computer location using a computer networking system. As fast as this information can be retained, is also can be disbursed at a rapid rate throughout the law enforce...
How the exclusionary rule comes into play with search and seizure is that is helps courts to exclude evidence from a trial upon proof of evidence. Requirements for a search warrant must be supported by a sworn and have a statement made by law enforcement and must appear before a neutral judge.
The use of computers in homes, schools, offices, and other places has increased in the past few years due to technological developments. As computers have become important components of modern communication, their increased use has also led to the emergence of computer crimes. Computer crimes basically involve the use of a computer system to carry out an illegal activity. In attempts to lessen the frequency and impact of computer crimes, law enforcement agencies use computer forensic to investigate these offenses. Actually, computer crimes are governed by specific laws and dealt with through conducting a computer forensic investigation (Easttom & Taylor, 2011, p.337). Notably, a computer forensic investigation is usually carried out through the use of computer forensic tools, which help in collection of evidence based on the specific offense.
Mikayela Richey CISC101-53 Introduction to Computers Professor Collins September 15, 2014 Computer Forensics - Project #4 Computer Forensics- Project #4 Computer Forensics is the use of analytical and investigative techniques to collect, identify, and examine and preserve evidence and information which is stored. It is used to provide digital evidence of specific or general activity which could help investigators solve a crime.
Presently, because the importance of digital forensics it has its own field of computer forensic expertise, training and certification.
What did they do ? Before we talk about it any further, we have to know some definitions that we use in digital forensics and digital evidence, not only two of them but the others too. This chapter will explain about it . Before we talk about it any further, we have to know the definition of what we are talking about. In the introduction we already know what digital forensic and digital evidence shortly are. In this chapter, we will more explore what they are, and some state that we found when we search about digital forensic and digital evidence. Computer forensics is a broad field and applied to the handling of crimes related to information technology. The goal of computer forensic is to securing and analyzing digital
Technology has opened new encounters and opportunities for the criminal justice system. There are so many new practices of criminal activity, such as computer crimes. There are different types of computer crimes that many people become victims of every day. Computer crime is any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target ("Computer Crime: Chapter 2: What Are the Crimes?", n.d.). Crimes such as data diddling, pump and dump, social engineering and spoofing are computer crimes. Even though these crimes are difficult by privacy issues, the new technology has made investigations and prosecutions well organized and effective. Though views are different on the pros and cons of specific technological changes in the criminal justice system, there is an agreement the system has changed affectedly ("Effects of Technology in Criminal Justice | eHow", n.d.).
This chapter aims to place the field of digital forensics as a science within the broader spectrum of disciplines. A few definitions of digital forensics are given. These definitions are critically discussed in addition to comments found in the literature. The main elements are identified from which digital forensics is defined for the purposes of this dissertation. Digital forensic investigation as used in this dissertation is discussed by investigating definitions found in the literature.
“The word ‘forensics’ means “connected with the courtroom”; so forensic science is, therefore, concerned with gathering hard evidence that can be presented in a trial” (Innes 9). Forensic science is a science that is applied specifically to legal matters, whether criminal or civil. “Few areas in the realm of science are as widespread and important as forensic science” (Hunter 12). Forensics is the one science that is most commonly used in everyday life. It is also a branch of science that incorporates other branches of science such as biology, chemistry, and etc. Since it is used almost every day “No one can dispute the importance of the contributions to society made by forensic science; the ability to solve crime is undeniably important” (Hunter 13). Forensic science has given criminal investigation a new edge. “Advances in science have opened the door for more effective evidence discovery, howev...