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Review the affidavit and search warrant for the search of a computer suspected to be evidence in a crime (previously provided by your instructor), and answer the following questions:

 

1. What is the affidavit asking the judge to authorize (specifically)?

 

2. What was good about this affidavit? What, if anything, could have been done to strengthen this affidavit?

 

3. If you are the forensic examiner in this case, and this warrant was given to you with Mr. Didit’s seized desktop and removable media, what do you have the authority to search? For what do you have the authority to search?

 

4. Are the answers to question 1 and question 3 above the same? Explain why or why not.

 

5. Provide an example of an action the investigator could take in his examination of Mr. Didit’s media that would be outside the scope of search authorized by this warrant.

 

6. If the investigator acted outside the scope of this warrant, as you described, what could be the result? What is the “fruit of the poisonous tree,” and how does it relate to this scenario?

 

7. What is the purpose of the “Officer’s Return” associated with this warrant?

 

Submit your answers to these questions, and any other discussion of this affidavit/search warrant you wish to share, to your instructor for review.

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