Search warrants and searches are, therefore, most often limited in scope to items for which the searcher is looking (i.e., nearly always evidence of a crime or wrongdoing). You cannot look for an elephant in a kitchen drawer! I know that sounds absurd, but it is an excellent metaphor… However, if you were looking for narcotics, they could be hidden almost anywhere, and you could justify a much broader search. In this example, digital evidence is much more akin to narcotics than you may think, with evidential data often occurring in hidden, strange, or unlikely places. As such, warrants to search for digital evidence often cast a “wide net,” but cannot be so overly broad as to not be supported by probable cause or violate someone’s 4th amendment protections and implied rights to privacy.
Do not despair, however, if you are not a law enforcement officer… The requirement to obtain a search warrant does not apply to searches by private individuals or non-government organizations, as long as the individual(s) have the authority to conduct the search (e.g., IT security personnel are searching a computer owned by their company for company data, or an employee gives the company consent to search for their personal data). However, even those searches may be limited to certain parts of the computer system(s) or network(s). As noted in the text, if a person is allowed to use a personally-owned flash drive at work, and that drive is connected to the computer, you still may not be able to search it without the employee’s consent. All of these examples depend heavily on established company policies and what warnings were given to the employee………
please list two of the devices, state what types of evidence you would look for on those devices, and explain what limitations you might have or what hurdles you would have to clear before searching those devices (BOTH as a company IT professional and a law enforcement officer). Identify what, if any, policies would need to be in place for you to search as a private employee, as well as what limits can be placed on the search by police.
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