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What types of warrant-less searches can be conducted by investigators collecting digital evidence? Stop and Frisk - There is no clear justification, under the stop and frisk doctrine, to analyze such devices based on the logic of a stop and frisk.
Valid informed consent for research must include three major elements: (1) disclosure of information, (2) competency of the patient (or surrogate) to make a decision, and (3) voluntary nature of the decision. US federal regulations require a full, detailed explanation of the study and its potential risks.
Those relevant are placed into four broad categories: the characteristics of the subject giving consent, the environment in which the consent is given, the actions taken or statements made by the subject giving consent, and the actions taken or statements made by law enforcement officers during the course of asking for
When an investigator finds a mix of information, judges often issue a limiting phrase to the warrant, which allows the police to present all evidence together.
The Electronic Communications Privacy Act (ECPA) a 1986 law that underpins much of how the government can get digital data requires providers to allow access to real-time data with a court order and historical data with a subpoena.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things
According to the Fourth Amendment, the people have a right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. This right limits the power of the police to seize and search people, their property, and their homes.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Sometimes referred to as the "right to be left alone," a person's reasonable expectation of privacy means that someone who unreasonably and seriously compromises another's interest in keeping her affairs from being known can be held liable for that exposure or intrusion.
A consent search is lawful if: There is a VOLUNTARY PERMISSION to search; Given by a person with a RIGHT TO EQUAL ACCESS to the property. The search is confined to the SCOPE OF CONSENT. Voluntary Permission.