Digital Evidence Laws: Search, Seizure, and Privacy in Federal Statutes

What does the pen/trap statute cover?

It covers records of digital communication, not the content.

How does the pen/trap statute apply to digital evidence?

It applies to records like email addresses, IP addresses, and account information, allowing law enforcement to obtain a court order for records relevant to an ongoing investigation.

What is the duration for which law enforcement can obtain records under the pen/trap statute?

Up to 60 days, with the possibility of a 60-day extension.

What does the 1968 federal wiretap statute allow?

It allows real-time electronic surveillance of communications of criminal suspects.

What are the exceptions to the wiretap law?

1. Court order; 2. Consent (one or two-party); 3. Provider exception; 4. Trespasser exception; 5. Extension telephone exception; 6. Inadvertently obtained evidence; 7. Publicly accessible communications.

What is required for a court order under the wiretap statute?

Approval from the U.S. Department of Justice and the U.S. District Court of Appeals.

What is the provider exception in wiretap law?

Administrators of computer networks can monitor communications on their networks.

What does the 1986 Electronic Communications Privacy Act regulate?

It regulates how the government can obtain stored account information from Internet Service Providers (ISPs).

What are the three categories of information specified under the Electronic Communications Privacy Act?

1. Basic subscriber info (name, address); 2. Subscriber logs (e.g., email destinations); 3. Content of communication.

What impact did the USA PATRIOT Act have on police powers?

It expanded police powers in cases involving 'terroristic offenses'.

What is the role of the FISA court?

It approves surveillance requests for intelligence purposes.

What historical context influenced the 4th Amendment?

It was influenced by the U.S. Revolution and the use of writs of assistance that allowed unlimited searches and seizures.

What are the two kinds of lawful searches?

1. Searches with a warrant; 2. Searches without a warrant.

What is the presumption regarding searches with a warrant?

They are presumed to be reasonable and lawful.

What must a sworn statement of probable cause include for a warrant?

1. A crime has been committed; 2. Evidence exists; 3. Evidence is in the place to be searched; 4. Description of the place and evidence.

What are some examples of probable cause for searching a digital hard drive?

Identifying specific files, conducting keyword searches, or examining file directories.

What is the exclusionary rule?

It prevents the use of evidence obtained through illegal searches.

What is the 'stop and frisk' exception?

A limited search based on reasonable suspicion, not probable cause.

What is required for consent to be valid in a search?

Consent must be intelligently granted and not coerced.

What are exigent circumstances in the context of searches?

Situations that allow searches without a warrant to preserve evidence or in hot pursuit.

What does the plain view doctrine allow?

It allows officers to seize items in plain view without a warrant or probable cause.

What are border searches?

Searches conducted at international borders where police have more leeway and can conduct routine searches without evidence of wrongdoing.

What does the silver platter doctrine refer to?

It refers to the ability of private citizens to conduct searches that can then be used by law enforcement.

Who is Edward Snowden?

A former NSA contractor who leaked classified information about government surveillance programs.

What is the primary issue raised in the context of Edward Snowden's actions?

Whether the U.S. government can conduct mass electronic surveillance of citizens without a warrant.