The Federal Courts treat digital evidence as documents that carry the same burden of proof of authenticity. Digital evidence carries a further burden because copies are allowed, and because digital evidence is easy to alter in discreet ways if not handled properly. United States v. Maxwell- Search was not valid under a plain view analysis, because the warrant did not authorize the search of the specified files, and the view was obtained by opening the files, not as a result of seeing what was legitimately in “plain view”.
Posted on Tuesday, March 27th, 2007 at 7:08 pm and under category News.
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