Case Project 5-3 & 5-5
Case Projects 5-3 and 5-5
Tanya Boone
Unit 2 Project
CJ 317-01
Case Project 5-3 Under the silver platter doctrine, evidence obtained by state agents in an unreasonable search and seizure was admissible in a federal criminal trial, where no federal agent participated in a search and seizure and the state officers did not act solely on behalf of the United States (Hills, 1999). Simply put, federal officers cannot allow state police to do the dirty work, and then claim that they did not violate search and seizure rights. By analogy, no government agent can stand by, allow a private citizen to violate search and seizure strictures on the government 's behalf, and then claim innocence as to the violation (Hills, 1999). If a civilian gives evidence to an officer, the civilian could then begin working for the officer and be considered an agent of law enforcement. But the civilian can not violate the Fourth Amendment search and seizure rights. Since Gary found the evidence and turned it over to an officer, the officer can accept it and then start an investigation if necessary. The officer can not ask Gary to go back and look for more evidence, because then Gary would be considered an agent of law enforcement and therefore bound to follow the law. This means that probable cause would be needed and a warrant would need to be issued before anyone could legally go back and look inside the computer for additional evidence. If the officer wants to get a warrant based off of the evidence that Gary has given to him, that would be fine and then the officer or Gary could go and look for more evidence. This is all based on whether Gary chooses to work for the officer or not. Either way, proper chain of custody must be followed and the correct reports and documents must be filed.
Case Project 5-5 After you have gathered as much information as possible about the incident or crime scene, you can start listing what you need at the scene. Being over-prepared is better than
Tanya Boone
Unit 2 Project
CJ 317-01
Case Project 5-3 Under the silver platter doctrine, evidence obtained by state agents in an unreasonable search and seizure was admissible in a federal criminal trial, where no federal agent participated in a search and seizure and the state officers did not act solely on behalf of the United States (Hills, 1999). Simply put, federal officers cannot allow state police to do the dirty work, and then claim that they did not violate search and seizure rights. By analogy, no government agent can stand by, allow a private citizen to violate search and seizure strictures on the government 's behalf, and then claim innocence as to the violation (Hills, 1999). If a civilian gives evidence to an officer, the civilian could then begin working for the officer and be considered an agent of law enforcement. But the civilian can not violate the Fourth Amendment search and seizure rights. Since Gary found the evidence and turned it over to an officer, the officer can accept it and then start an investigation if necessary. The officer can not ask Gary to go back and look for more evidence, because then Gary would be considered an agent of law enforcement and therefore bound to follow the law. This means that probable cause would be needed and a warrant would need to be issued before anyone could legally go back and look inside the computer for additional evidence. If the officer wants to get a warrant based off of the evidence that Gary has given to him, that would be fine and then the officer or Gary could go and look for more evidence. This is all based on whether Gary chooses to work for the officer or not. Either way, proper chain of custody must be followed and the correct reports and documents must be filed.
Case Project 5-5 After you have gathered as much information as possible about the incident or crime scene, you can start listing what you need at the scene. Being over-prepared is better than
References: Hills, D. (1999). From the Incident Through the System Legally:Knowledge Base of Legal Concepts. Retrieved from http://www.csudh.edu/dearhabermas/silvplat.htm Nelson, B., Phillips, A., & Steuart, C. (2010). Guide to Computer Forensics and Investigations (4th ed.). Belmont, CA: Cengage Learning.