Search Warrant Request Probable Cause Research Paper

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This is true because of the following: Computer storage devices (hard disks, diskettes, tape, and removable drives) can store the equivalent of thousands or millions of pages of information. When users desire to conceal criminal evidence, they often store the information in random order with deceptive file names. Directories and subdirectories that contain these files can also be electronically hidden from normal view. Special forensic software is required to detect these hidden directories. This requires that searching authorities examine all the stored data to determine whether it is included in the search warrant. This sorting process can take weeks or months, depending on the volume of data stored. This would make it impractical to attempt this kind of forensic analysis on site at the time of search warrant execution. Searching computer systems for criminal evidence is a highly technical process requiring expert skills in a properly controlled environment. The vast array of computer hardware and software available requires even computer experts to specialize in some systems and applications. It is difficult to predict before a search which expert should analyze the system and its data. The search of a computer is an exacting scientific procedure which is designed to protect the integrity of the evidence and to recover even hidden, erased, compressed, password protected, and/or encrypted files.

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Since computer evidence is extremely vulnerable to tampering or destruction from both external sources or from destructive codes imbedded in the system in the form of a "booby trap," the controlled environment of a forensic laboratory is essential to its complete and accurate analysis and retrieval. In order to fully retrieve data from a computer system, the forensic analyst needs all magnetic storage devices, as well as the central processing unit (CPU).

c. In addition, there is probable cause to believe that the computer and its storage devices, monitor, keyboard, modem, printer, as well as all internal and external storage devices are all instruments used in the commission of this crime and should be seized as such.

3. Officer John Smith has probable cause for said belief by reason of the following facts:

a. During the course of this investigation and preparation of this warrant, Officer has consulted with an Investigator for the Denton County Criminal District Attorney's Office, Denton, Denton County, Texas. The investigator is responsible for the….....

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