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Computer Forensics World :: View topic - Affidavit and Search Warrant
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Affidavit and Search Warrant

 
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godlysoup
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PostPosted: Wed Mar 04, 2009 2:03 am    Post subject: Affidavit and Search Warrant Reply with quote

Alright. So it's my last term in Computer Forensics and the assignment is to create an Affidavit and Search Warrant (I know the judge usually does the search warrant, but they're making us). My instructor is assigning me a case as soon as I go in and talk to him. I'm suppose to ask him important questions that I'll need to fill out both Affidavit and SW. (Kinda cheating by asking you guys, I know.. Smile ) So here's my questions:

-What kind of important questions should a computer forensics examiner ask when he is first handed the case?
-What type of questions would a cop ask when he is trying to find out information to get a search warrant?

I want to catch my instructor with a little social engineering so those kinds of questions would help nicely too.

Cheers!
GodlySoup
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PostPosted: Wed Mar 04, 2009 9:53 am    Post subject: Reply with quote

This is pretty open ended. Ask anything you think is necessary. Judges don't fill out search warrants - officers do. You need to learn as much information as possible. For a search warrant, you need to show that there is probable cause a crime was committed and there is evidence you can collect at that particular location.

To start, make sure you get the Who, What, When, Where, and How. If you can solve the Why for most crimes you'll end up to be a very rich person.
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godlysoup
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PostPosted: Thu Mar 05, 2009 1:10 am    Post subject: Reply with quote

Actually, my friend. The officer is the one who fills out the affidavit to get the search warrant. The judge is usually the one that actually fills out the search warrant.
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KenPryor
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PostPosted: Thu Mar 05, 2009 2:31 am    Post subject: Reply with quote

Actually, my friend, speaking as a 21 year police officer who has filled out many search warrants, I haven't seen a judge yet that personally wrote the warrant. We (the police) write out the warrant, the affidavit and complaint and take it to the judge. After he/she reads it, they sign it if they approve. Good luck with your assignment.
KP
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PostPosted: Thu Mar 05, 2009 9:28 am    Post subject: Reply with quote

Thanks, KP. I agree, I never had a judge do anything but sign the warrant.
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RobertR
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PostPosted: Wed Mar 25, 2009 2:35 am    Post subject: Reply with quote

sorry for the late reply....... basically you need to establish the constitutional requirements for the search warrant to be issued.....

you need to describe the crime being investigated... establish the probable cause (why you believe that the evidence being sought will be where ever you intended to search) and particularly describe the place to be searched and the things to be seized.

So you would need things like a address and description of the location to be searched and list the types of things you intend to seize... like computers, hard drives, digital media devices.... etc etc....

you also need to describe in the affidavit why you think there will be evidence related to the crime being investigated on those devices.

most states have a statue in the criminal code that has specific verbiage that may be required for the warrant form itself, as well as service and return requirements..
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LarryEDaniel
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PostPosted: Sat Apr 11, 2009 11:09 pm    Post subject: Reply with quote

You can always look at search warrants on line for cases and get some education there as well.

Just Google Search Warrant.

Also, you can go to the bookstore or library, find a book on police procedures or law relating to search warrants.
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