Case Project 4-2 ✓ Solved

Case Project 4-2

A murder in a downtown office building has been widely publicized. You’re a police detective and receive a phone call from a computer forensics investigator employed by the police department. His name is Gary Owens, and he says he has information that might relate to the murder case. Gary says he ran across a few files while investigating another case at a company in the same building. Considering the plain view doctrine, what procedures might you and he, as public officials have to follow?

Write a one-page paper detailing what you might do. PLEASE DO NOT USE OLD BOOK REFERENCES. PLEASE USE WEBSITES, SUCH AS

Paper For Above Instructions

In the investigation of a high-profile murder case within a downtown office building, it is crucial for law enforcement officers to adhere to constitutional principles and legal procedures to preserve the integrity of evidence and ensure lawful conduct. The plain view doctrine plays a significant role in determining when law enforcement can seize evidence without a warrant, particularly in situations involving digital evidence stored in computer systems.

The plain view doctrine allows law enforcement officers to seize evidence without a warrant when it is clearly visible, or otherwise apparent, during their lawful presence at a location. According to the Legal Information Institute and relevant case law, such as Horton v. California (1990), officers must be lawfully present at a location and the evidence must be immediately recognizable as evidence or contraband.

In this scenario, Gary Owens, the computer forensics investigator, might have stumbled upon files that appear to be related to the murder case while conducting unrelated investigations in the same building. Since his access is lawfully granted by the police department and he is acting within official capacity, any files immediately identifiable as evidence of the murder could potentially be seized under the plain view doctrine. However, there are procedural steps that must be followed to ensure adherence to legal standards.

First, Gary and the investigating officer should ensure that their presence at the location is lawful, either through a warrant or through the scope of their authorized activities. If they are in a common area or have lawful access to the device or files, then their observation of potentially relevant evidence is lawful. It is critical to document their access and the circumstances under which the files are discovered, including taking photographs or detailed notes.

Second, the files should be immediately recognized as evidence of a crime. For digital evidence, this might involve preliminary observation that indicates relevance to the murder, such as files containing keywords, communications, or data that suggest involvement in the case. The officers should avoid opening or manipulating files unnecessarily, to prevent contamination or alteration of digital evidence.

Third, the procedures for seizure should follow departmental policies and legal guidelines. Digital evidence must be preserved meticulously to prevent tampering. Forensic experts should handle data extraction, ensuring a chain of custody is maintained. In cases where a warrant is required, officers should seek one promptly, based on the information gathered.

Furthermore, coordination with legal counsel is advisable before seizing or searching digital files to ensure compliance with Fourth Amendment protections against unreasonable searches and seizures. The investigators should record all actions taken during the process, including times, media involved, and the steps involved in seizing and handling the evidence.

In summary, law enforcement officials and forensic investigators like Gary Owens can utilize the plain view doctrine to seize relevant evidence if certain criteria are met: lawful presence, immediate recognition of evidence, and proper documentation. Adherence to these procedures safeguards constitutional rights and maintains the integrity of the investigation, ultimately supporting the pursuit of justice.

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