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Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall.

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Presentation on theme: "Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall."— Presentation transcript:

1 Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated” What is the Canadian Equivalent to the 4th amendment?

2 Write down a legal (based on Canadian Laws) definition of:
Search Seizure Add your definitions to a document, you will send the document at the end of class to

3 Is it legal to seize and search text messages in Canada. https://www

4 Is it legal to seize and search text messages in Canada. http://www

5 “Agents from the FBI placed a warrantless wiretap on the public phone booth that Katz was using to conduct his gambling operations”  Was the evidence court admissible ?

6 Two criteria for when there is an expectation of privacy:
“person must have exhibited an actual expectation of privacy” (p. 577) “the expectation must be one that society is prepared to recognize as reasonable” (p. 577)

7 When we are legally pulled over:
Can police ask for ID? Can police check what is in our wallet? Can police unlock our phone?

8 “State vs. Smith (2009) ruled that the warrantless search of a cell phone seized […] violates the Fourth Amendment when the ‘search is unnecessary for the safety of law enforcement officers and there are no exigent circumstances’” What does ‘exigent circumstances’ mean?

9 Does a warrant to search a house gives officers the right to search smartphones?

10 Was the evidence court admissible ?
“Patrick Carey was being investigated for possible sale and possession of cocaine […] While searching the computer, the detective identified a JPEG file that constituted an image of child pornography. After finding this image [the detective searched for other images and found more files containing child pornography materials” Was the evidence court admissible ?

11 Fifth Amendment: “No person shall be compelled in any criminal criminal case to be a witness against himself” What is the equivalent of the fifth amendment in Canada?

12 Fifth Amendment: “No person shall be compelled in any criminal criminal case to be a witness against himself” What is the equivalent of the fifth amendment in Canada?

13 In Canada, can police officers ask a suspect for:
Password to encrypted files? An unencrypted copy of their encrypted hard disk?

14 Writing reports: Start with a falsifiable hypothesis Transparent and replicable description of the digital forensics process. Timelining Scientific language when writing conclusions

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16 “Timelining is an approach where you attempt to make it unreasonable to believe that someone else than a specific person committed actions, usually a crime, using the computer that is target for examination. The idea with Timelining is that you find events relating to criminal activity and plot them on a time line. You then look for artifacts that identify the user of the computer and plots those events on the same time line. Identifying events can include filling out forms online, chat messages, online banking logins, and social media events. What you are looking for is overlaps between criminal and identifying events, or at least events in close proximity to each other”

17 “Timelining is an approach where you attempt to make it unreasonable to believe that someone else than a specific person committed actions, usually a crime, using the computer that is target for examination. The idea with Timelining is that you find events relating to criminal activity and plot them on a time line. You then look for artifacts that identify the user of the computer and plots those events on the same time line. Identifying events can include filling out forms online, chat messages, online banking logins, and social media events. What you are looking for is overlaps between criminal and identifying events, or at least events in close proximity to each other”  Case: Investigating whether someone bought illegal drugs online. What kind of events and devices would help build a timeline?

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19 Case 1- Python Scripts (scripts could be written in any programming language):
Hashing files Searching files for keywords Searching files for regular expressions Deleting Duplicate Files in a folder

20 Case 2-Digital Forensics Concepts and Processes:
Internet forensics Writing a digital forensics report File carving and physical extraction File recovery

21 Case 3- Ethics and court admissibility :
Tension between privacy and security Deception in investigations Privacy rights of the suspect/criminal Court admissibility


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