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Question 1 (1 point) Saved A form of sanction a court could impose on a party that does not retain electronic data Question 1 options:

Question 1 (1 point)

Saved

A form of sanction a court could impose on a party that does not retain electronic data

Question 1 options:

Declare the offending party has having lost the case

Order the offending party to pay attorney fees and cost.

Order the offending party to pay money damages.

All of the above

Question 2 (1 point)

Saved

Warrantless searches can be carried out in the following circumstances

Question 2 options:

Examiners convenience and time limitations

Permission and danger of immediate destruction of evidence

Lead officer review and permission and exigent circumstances.

None of the above

Question 3 (1 point)

Saved

Which U.S. Supreme Court case made the exclusionary rule applicable to seizures by federal officers?

Question 3 options:

Weeks v US

Katz v United States

Kyllo v US

U.S. Buckner

Question 4 (1 point)

Saved

A witness who testifies about the authenticity

Question 4 options:

Must have special qualifications

Must have programmed the computer

Must understand technical operation of the computer

None of the above

Question 5 (1 point)

Saved

In 2014 Riley v California the U.S. Supreme Court ruled that warrantless search and seizure of digital contents of a cell phone made during the course of an arrest

Question 5 options:

Are constitutional

Are unconstitutional

Are constitutional only if the phone is being used by the criminal at the time of the arrest.

Constitutional if the phone is on the person at the time of the arrest.

Question 6 (1 point)

Saved

Digital evidence includes

Question 6 options:

Social media sites

Smart phones

Computer

All of the above

Question 7 (1 point)

As soon as a party is aware that a litigation is eminent the parties attorney should

Question 7 options:

Should send a litigation hold letter to the opposing party

Should obtain a restraining order

Should do nothing until the Civil Trial

Should personally seize the opposing parties computers

Question 8 (1 point)

Jake and Mary are married and own their home. The police come to the house and ask for permission to search Jake's computer . Jake is not home. Mary gives permission. The police finds evidence of financial fraud. Can the evidence be used against Jake.

Question 8 options:

Yes the evidence can be used because the computer was in the house.

Yes the evidence can be used because Mary is married to Jake.

No the evidence can not be used because Jake did not give consent.

No the evidence can not be used because the police did not have proof that Mary co-owned the house.

Question 9 (1 point)

mhtml:file://C:\CMU\LawCourse2007 eadings\Evidence eviewed\Ke

A suspect in a fraud case used an excelspreadsheet to contain illegal betting information.f

Question 9 options:

This evidence would be considered computer generated records

This evidence would be considered computer stored evidence

The evidence would be considered both 1 and 2.

None of the above.

Question 10 (1 point)

Police in the United States must use procedures that adhere to which of the following?

Question 10 options:

Third Amendment

Fourth Amendment

First Amendment

10th amendment

Question 11 (1 point)

Evidence that can be found on a computer include

Question 11 options:

Search history

Temporary files and cookies

deleted files

all of the above

Question 12 (1 point)

Valid challenges to the authenticity of computer records include

Question 12 options:

mhtml:file://C:\CMU\LawCourse2007 eadings\Evidence eviewed\Ke

parties may challenge the authenticity of both computer-generated and computer-stored records by questioning whether the records were altered, manipulated, or damaged after they were created

mhtml:file://C:\CMU\LawCourse2007 eadings\Evidence eviewed\Ke

parties may question the authenticity of computer-generated records by challenging the reliability of the computer program that generated the records

mhtml:file://C:\CMU\LawCourse2007 eadings\Evidence eviewed\Ke

parties may challenge the authenticity of computer-stored records by questioning the identity of their author.

All of the above

Question 13 (1 point)

Heresay rule

Question 13 options:

The basic rule that testimony or documents which quote persons not in court are not admissible

In hearsaya Person who supposedly knew the facts is not in court to state his/her exact words, the trier of fact cannot judge the demeanor and credibility of the alleged first-hand witness

Both of the above

Neither of the above

Question 14 (1 point)

Police Officers commonly seize and search computers in connection with criminal investigations. Computer searches are different from ordinary searches for physical evidence and usually requires a forensic expert to do the search.

Question 14 options:

It is well established that the Police must complete the search within 7 days.

Police have 30 days from the date of seizure.

Currently there are no clear rules governing the amount of time the Police may retain seized property.

Courts have ruled that more than one year is unreasonable.

Question 15 (1 point)

Computer Records

Question 15 options:

Can not be admitted under the hearsay rule

Can be admitted under the Business records exception

Can be admitted under best evidence rule

Can not be accepted under any circumstances.

Question 16 (1 point)

Bob had his computer and digital camera seized under a valid warrant on January 1, 2015 seeking to prove that Bob had committed fraud. Bob pled guilty on January 15, 2016. On February 1, 2016 the forensic expert found illegal child pornography on both the computer and digital camera. Bob argued that the police had taken too long and the warrant was no longer valid since he had pled guilty to the fraud case.

Question 16 options:

The warrant was still valid and the evidence of child pornographyis admissible.

The warrant was issued for fraudulent information so is not valid.

Since the child pornography was found after the guilty plea it can not be used against Bob.

The cause of the warrant issue had been diminshed and therefore the incriminating information can not be used.

Question 17 (1 point)

Exceptions to the hearsay rule include

Question 17 options:

A statement by the opposing party in a lawsuit that is inconsistent with he /she said in court

business entries made in the regular course of business when a qualified witness can identify the records and tell how they were kept

Official government documents which can be shown to be properly kept

all of the above

Question 18 (1 point)

Officer Edwards was on undercover safety patrol in plainclothes in a shopping mall. While standing in line at the food court to obtain cheese curds , he was able to look over her shoulder and see Kathy texting on a cell phone. The texting involved selling narcotics to a third party. When the call ended, Officer Edwards followed Kathy to the parking lot and recorded the license plate number on her car. Based on the above information, Officer Edwards obtained a warrant to search Mary's home. The subsequent search of Mary's home uncovered twelve pounds of marijuana. Mary moved to suppress the drugs, arguing that the marijuana was discovered as the product of an earlier unlawful search by Officer Edwards viewing her information without permission? How should the court rule on Kathy's motion.

Question 18 options:

Grant the motion because Kathy had a reasonably expected privacy and as a result would not expect the officer to look at her text.

Deny the motion because Kathy's expectation of privacy was not reasonable.

Deny the motion because cell phones are never subject to reasonable expectation of privacy.

Grant the motion because the officer should have been in uniform

Question 19 (1 point)

The fourth Amendment protects citizen from

Question 19 options:

Police use of deadly force

Double jeopardy

Cruel and unusual punishment

Unreasonable search and seizure

Question 20 (1 point)

Unreasonable" searches and seizures, in constitutional terms, are those that are

Question 20 options:

conducted without a warrant or permission

crudely and rudely done

not justified by the apparent facts.

undertaken in the absence of the accused's attorney.

Question 21 (1 point)

What issues must thegovernment face in establishing the use of computer records:

Question 21 options:

Government must provide evidence sufficient to support a finding that the matter in question is what it proponent claims.

If the computer stored records contain human statementsthat they are not in admissible hearsay.

Both issues are relevant

Neither issues are relevant

Question 22 (1 point)

A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure is called

Question 22 options:

res Judicata

fruit of the poisoned tree doctrine

res ipsa loquitur

doctrine of clean hands

Question 23 (1 point)

This rule requires that incriminating evidence be seized by police according to the constitutional specifications of due process or it will not be allowed as evidence in court.

Question 23 options:

Exclusionary rule

Commerce clause

Digital Forensic clause of the constitution

Writ of Certiorari

Question 24 (1 point)

Internet communications authors provide an unusual degree of anonymity so for the Government to admit computer stored evidence against an individual they

Question 24 options:

Must use Circumstantial evidence

must provide testimony

must have collaborating evidence

None of the above

Question 25 (1 point)

What is e-discovery?

Question 25 options:

Extra discovery that is conducted

Exchange of information in electronic format (ESI)

It is exchange of paper documents

None of the above

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