When challenging the admissibility of the digital evidence, the defense examiner will evaluate the authentication and chain of custody techniques used. The federal law enforcement agency would like your company, AB Investigative Services (ABIS), to identify in a report the possible authentication and chain of custody techniques acceptable in the investigative process, including issues relating to First and Fourth Amendment privacy issues with respect to computer-related technologies.
Using the library, Internet, or any other credible materials, provides the following in your report to the federal law enforcement agency:
Begin the report with a one page overview of the forensics process and the steps taken by an examiner related to identity theft and computer crime.
Two recommended examples of authentication acceptable in the investigative process of identity theft and two recommended examples of chain of custody techniques of digital evidence.
What is considered legal or illegal under the guidelines of the First and Fourth Amendments in relation to the identity theft investigation?
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In 1995, the USA Supreme Court introduced the guidelines to collection and analysis of forensic evidence. The guidelines sought to protect the privacy of the suspect as expected in the First, Fourth and Fifth Amendment, which states that the law will do nothing to jeopardize the personal space of an individual, which include regions, papers, and cyber identities. However, the bill included a few exceptions in which a court might offer a warranty or wiretap authorization. The bill, however, required an investigator to have probable cause before requesting for authorization. For these reasons, USA investigators use a standardized protocol as outlined in the Federal Evidence Analysis guidelines. The purpose of this paper is to examine all the legal issue concerning the collection and analysis of digital evidence, especially in identity theft investigations.
Keywords: Evidence, Investigations, Crime, Amendments, Legal, Admissibility
The legal Issues Involved the Analysis of Digital Evidence
First, Fourth and Fifth Amendments dictate on several necessitates during court proceedings, whose violation leads to inadmissibility of the evidence against the defendant. To begin with, an examiner of forensic evidence ought to follow the law requirements before commencing the evidence collection phase. The Amendments, however, explain several instances where an officer might breach a suspect’s privacy through a probable cause that calls for an objective reasoning before the appropriate action. In case of no rationalization for a probable cause of warrantless search, then the investigators must access a court warrant through writing. Also, it a legal requirement that the officers stick to the warrant...