SEARCH AND SEIZURE
TECHNIQUES IN DIGITAL AND MULTIMEDIA EVIDENCE
IST 447 – 201
Spring, 2009
Syllabus
Required Text: None – materials will be made available
through MUOnline.
Instructor: Margaret Phipps (“Peggy”) Brown
Office: Smith Hall 735
Office
Phone: 304/696-3086 (Takes message
anytime)
Home
Phone: 304/529-3423
Fax
Number: 304/696-3085
Email: brownmp@marshall.edu
Web
Page: www.marshall.edu/criminal-justice/brownmp.htm
Course Description: Course provides basic information to the
student in the proper procedures for seizing digital evidence used in the
commission of crime. Includes
legal issues peculiar to seizing digital evidence.
Prerequisites: IST 446.
Computer
Requirements: Access to the internet and email through your
Desired Learner
Outcomes/Objectives: At the
conclusion of this course, students should be knowledgeable about (1) the
Fourth Amendment; (2) search & seizure; (3) electronic search and seizure
issues; (4) the requirements for introduction and use of electronic evidence in
court.
Evaluation of
Learner Objectives: Assessment
methods will include: (1) written case
briefs; (2) written examinations; (3) written homework assignments; (4) quizzes;
and (5) class participation/discussion.
These assessment methods will be used to evaluate: (1) the ability to read and comprehend text
material, including research on subject, appellate court opinions, statutory
material, and to sue critical thinking skills to develop a comprehensive
understanding of the law of computer crimes, electronic search and seizure, and
electronic evidence, and (2) the ability of students to integrate outside
research materials, text materials, and lecture information so that it may be
applied to hypothetical fact situations.
Attendance Policy: It is not my policy to enforce attendance to
my classes. However, this class will
involve coverage of a voluminous amount of material, in-class assignments,
groups work, and homework assignments.
And, this material will be covered in a period of only four weeks. Therefore, I strongly encourage you to attend
class. Attendance at exams is required unless previously excused. In-class assignments cannot be made up.
Marshall University may be forced to alter its
regular schedule due to inclement weather.
If a decision is made to delay or cancel classes, information should be
available on TV and radio.
Disabled
Students:
The
American with Disabilities Act has established a robust set of Federal
Regulations that ensure employees and students receive fair and reasonable
accommodations as they work and study. It has been my experience that students
with disabilities exert considerable effort to achieve their educational goals.
Moreover, I have found the accommodations to represent efforts in good pedagogy
rather than special treatment for the student. As such, I hope each of you will
work collaboratively with the Office of Disabled Student Services as the need
arises.
Weather Policy:
1.
Marshall University may be forced to alter its
regular schedule due to inclement weather.
If a decision is made to delay or cancel classes, information should be
available on TV and radio.
2.
Marshall
University’s Weather Related Closing policy is located at: http://www.marshall.edu/ucomm/weather.html.
3.
I
will do my best to contact students by email in the event Marshall closes the
University for one or more classes for any reason.
Do
NOT risk your personal safety to come to class.
If the weather where you live is dangerous, please just let me know that
you will not be able to make class.
Classroom Civility:
1. All students are expected to be in class on
time (including exam days).
2. All pagers, wireless phones, electronic
games, radios, tape or CD players, or other electronic devices must be turned
off before students enter the classroom.
This means no text messaging
during class sessions or exams.
3. Individual conversations are not permitted.
4. Any questions that pertain to the syllabus,
assignments, or grades should be asked before or after the lecture/discussion
begins. Questions asked during the
lecture must be relevant to the topic being discussed.
5. Respect different opinions and keep an open
mind.
6. All students are expected to abide by the
academic dishonesty policy. This means
no cheating or plagiarizing!
7. Students are expected to speak one at a
time. Do not be disruptive.
8. Working on other materials or homework
during class time is considered disruptive not only to the instructor, but to
classmates as well.
9. Do not use class time to catch up on your
ZZZZZ’s.
10. No food or alcoholic beverages are permitted
(non-alcoholic beverages are acceptable).
11. Students are prohibited from leaving the
classroom once the lecture or discussion has started. Only in the case of an emergency can a
student leave the room. If you need to
leave class early for some reason, notify the instructor in advance.
12. Support your fellow classmates and reward
each other with positive remarks/comments.
This includes any editing remarks students may make when asked to review
other students’ work.
Exam/Assignment
Policy and Make-Ups:
It
is the student’s responsibility to notify the instructor if s/he is unable to
take an examination. If a student fails
to contact the instructor prior to the exam or if a student does not appear to
take the exam, that student will receive a grade of zero for the exam. Those students who do contact me and have a
legitimate excuse (including a family emergency/illness or pre-approved
university sponsored activities), an alternative time to take the exam will be
determined. The format of the make-up
exam will be left to the instructor’s discretion. A student who is tardy on exam day will not
be permitted to take the exam once the first student to complete the exam has
left the classroom; the student who is tardy will not be permitted to take the
exam or a make-up exam.
Academic Dishonesty:
Students
must be familiar with Marshall University’s Academic Dishonesty Policy. Academic dishonesty includes cheating,
fabrication and falsification of data or information, plagiarism,
bribes/favors/threats, and complicity with any of these activities. Students
who violate this policy face sanctions included in the Academic Dishonesty
Policy, including lowering of a grade on an assignment, lowering of a final
grade, or failing the course. The
Academic Dishonesty Policy is set forth in the 2005-2007 Marshall University
catalog on pp. 105-106.
Grades:
|
Case
Briefs |
100 points |
90-100% =
A |
|
Homework/In-class
work/quizzes |
Up to 200
points |
80-89% = B |
|
Exam # 1 |
100 points |
70-79% = C |
|
Final Exam |
100 points |
60-69 = D Below 60%
= F |
Tentative Course
Outline:
|
Week |
Material |
|
1/12/09 |
Introduction Case
Briefing Instructions Government
Action Jan 12-16 Late
registration and schedule adjustment |
|
1/19/09 |
What is a Search? Jan 19 Classes dismissed – Martin Luther King, Jr. Birthday Jan 20-Mar 20 “W” Withdrawal period (for individual
classes) |
1/26/09 |
What is a
Seizure? |
|
2/2/09 |
Exceptions
to the Search Warrant Requirement Feb 6 Application
for May graduation due in academic dean’s office |
|
2/9/09 |
Searching
and Seizing Computers with a Warrant REVIEW Feb 13 Last day to
drop 1st 8 weeks course |
|
2/16/09 |
EXAM # 1 |
|
2/23/09 |
The Fourth
Amendment and Computer Networks |
|
3/2/09 |
Title III Pen
Register Statute Mar 4
Mid-semester, 1st 8 weeks courses end Mar 5 2nd
8 weeks courses begin |
3/9/09 |
Stored
Communications Act Mar 9 Deadline for
submitting freshmen midterm grades
|
|
3/16/09 |
Jurisdiction Mar 20 Last day to
drop a full semester individual course |
|
3/23/09 |
Spring Break – Classes Dismissed Mar 22-May 1
Complete withdrawals only |
|
3/30/09 |
National
Security Mar 30 Students
should schedule appointments with advisors to prepare for advance
registration Mar 30-Apr 3
Advance registration for summer session for currently enrolled students |
|
4/6/09 |
Exam # 2 Apr 3 Advance
registration for summer session open to all admitted/re-admitted students Apr 8 Assessment
day – Classes dismissed Apr 10 Last day to
drop 2nd 8 weeks course |
|
4/13/09 |
PRACTICAL
EXERCISES Apr 13-24 Advance
registration for fall semester for currently enrolled students |
|
4/20/09 |
PRACTICAL
EXERCISES |
|
4/27/09 |
REVIEW/CATCH
UP Apr 27-May 1 Dead
week Apr 27-May 8
Advance registration for fall semester open to all admitted/re-admitted
students May 1 Last class
day and last day to completely withdraw for spring semester |
|
5/4/09 |
FINAL EXAM May 4 Exam Day May 5 Exam Day May 6 Study Day –
Exams for Wednesday classes 3 pm or after will be held May 7 Exam Day May 8 Exam Day May 9 Commencement May 9-17 Advance
registration/schedule adjustment for fall semester suspended |
Grade Inquiries:
Student
materials will be returned as soon as graded to the student. If the student has
a question about a grade on an assignment, the student must bring the
assignment to the professor. No grade inquiries about specific assignments will
be explored without the questioned assignment. It is the student's
responsibility to keep their materials. Final examinations and materials not
picked up will be kept in my office for 30 days into the next semester. A
student may pick up their final examination and other materials after grades
are turned in for the semester until thirty days into the next semester. At
that time, finals and all other material not claimed will be destroyed.