Posted: Wed Mar 04, 2009 2:03 am Post subject: Affidavit and Search Warrant
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.. ) 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.
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.
Joined: Oct 22, 2006 Posts: 58 Location: Robinson, IL
Posted: Thu Mar 05, 2009 2:31 am Post subject:
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.
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..
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. _________________ My Blog is Ex Forensis
My Radio show is Talk Forensics
Do a google search to find them since we can't put links in our sigs.
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum