Compare and contrast the issues relative to the electronic gathering of evidence

Question

What will be an ideal response?

Answer 1

Electronic evidence is information and data of investigative value that is stored in or transmitted by an electronic device. Such evidence is often acquired when physical items like computers, removable disks, cameras, CDs, DVDs, magnetic tape, flash memory chips, cellular telephones, and other electronic devices are collected from a crime scene or are obtained from a suspect. Electronic evidence has special characteristics: 1) It is latent; 2) it can transcend national and state borders quickly and easily; 3) it is fragile and can easily be altered, damaged, compromised, or destroyed by improper handling or improper examination; and 4) it may be time sensitive. Warrantless searches bear special mention in any discussion of electronic evidence. In U.S. v. Carey, federal appellate court held that the consent a defendant had given to police for his apartment to be searched did not extend to the search of his computer once it was taken to a police station. Similarly, in U.S. v. Turner, the Court held that the warrantless police search of a defendant's personal computer while in his apartment exceeded the scope of the defendant's consent.