Question
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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