admission of digital evidence at trial, Law Assignment Homework Help

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Part 1

Identify one (1) evidentiary issue that could be presented regarding the admission of digital evidence at trial. Next, suggest one (1) way in which the court could take to resolve the issue that you have identified. Include one (1) example of such issue and your suggestion action to support your response.

Per the text, there is probable cause to search a computer or electronic media when one believes that the computer or related media either contains or is contraband evidence of a crime, fruits of crime, or instrumentality of a crime. Identify at least two (2) types of warrantless searches that investigators can conduct while collecting digital evidence, and explain the main reasons why you believe the types of searches in question are warrantless. Justify your response.
Part 2
Respond to the following statement:

One evidentiary issue could be what type of computer records records being admitted as evidence and hearsay. Law enforcement must first establish if the records are authentic and then make sure that the generated records are not inadmissible hearsay. An example of the two would be sending emails through chat rooms and social media without using your real name and hearsay could be an individual making a statement that they heard someone else say. Jennifer states that Erica’s best friend told her that Jennifer had killed the victim. 

searches without warrants must have a probable cause.

In most searches a warrant is not required, but digital evidence can rarely be justified without a warrant and another cause could be lack of foundation. 

A warrantless search could be when you consent for officers to search your home or your car and if officers see evidence as criminal activity. The reason these warrants are warrantless because you are giving them permission to search your home without a search warrant and if you have liquor, gun or drugs in plan view sight then they can search your vehicle because they believe something illegal is going on. They can also search if they feel if someone’s life is at risk there are so many probable causes of warrantless searches. If don’t want officers searching your home or car don’t give them the consent to search. 

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