When given the responsibility to hand the case involving the information to find out on the photographic data in an individual residential home saved on gadgets. This is an issue which has some complication where detectives are required to execute the investigation of the occupant residence. What should be noted during this process is the fact that, there is a chance of destroying existing valuable information which is crucial for the investigation (Bulman, 2000). Therefore, there is a need to take care not to destroy all valuable information if good care is not taken into consideration when getting the data (Daems, 2013). In my argument I will try to lay down necessary steps which are essential is arriving at best ways of gathering the information from the laptop.
The first I should do immediately I arrive at the scene, what will be more important is to have all the target gadgets available to me and hold it carefully not to lose the required content. After doing that, the next step is to check on the electronic gadget to try and find out if it has violated the federal laws which are a concern with the electronic communication acts. All the precaution which are taken is those who will see that the content is not lost and most of the critical areas to preserve that is to see that the browser is not closed . On the other hand, the precautions that considered are those which are centred on the collection , preservation , and transportation evidence.
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Furthermore, some steps should be taken into consideration, by first identifying, seizing and securing the digital information which has been found at the scene . The most target electronics which are considered as the key aspect of this process is the cellphones and computers. This is because they are the prime electronic gadgets which can hold the information. Secondly, once the gadgets have been confiscated , the next step is to have a documentation of all scene where the gadgets were acquired from, this will play a roke a reference of evidence for all the information which will be obtained from the electronics (Bulman, 2000) . Given that the content which is required for all process, it's essential to ensure that the content is well secured by labelling them all and preserved. This will see them not lost or confused when carrying out the analysis of the respective content from the gadget. Once all that has been done , the final step is to see that the confiscated information is transported to the required destination where the qualified persons will do all the analysis .
If this were to happen it be considered plain view evidence. It would be able to be seized without a warrant. The officer who found the photos should follow the proper formalities to get a second warrant to further search the computer for more evidence of child pornography. In such a case, when I came across the pornographic from the computer, what I think is my opinion is that more search on the computer should be carried out. This is because the person has now confirmed the existing evidence and therefore by carrying out a more search in the computer is with the aim of gathering more evidence which will support case which is going to be presented . Furthermore, to avoid tampering with the evidence or losing this, it will be good to have a documentation of the evidence to secure them.
Given that we are living in a technology-driven society, it will not be wise for one to return the computer to the owner once the information has been copied. This is because most people are gurus in computer and they will delete the content which was essential to incriminate the person. Thus, when they do so, it will be hard to substantiate the evidence. Therefore, once the information has been copied an individual should remain with the computer until all the investing process is done, then the computer can be returned to the owner.
In Washington DC child pornography laws state that sexual performance is any performance which includes sexual conduct by a person under 18 years of age. DC laws aim to hit sex offenders hard, but for the genuinely innocent there are a few affirmative defences. When trying to understand what is sexual conduct, it's clear that this is the actual act which involves two partners of opposite sex which is aiming at sexual stimulation.
With the existing laws in the country, there is clear indication that, when parents are involved in aware of any sexual act concerning young kids, what the law has illustrated is that they will be made liable and they will be judged by facing the legal action. The procedural legal approach is that the first offence which has been committed by an individual is given a penalty which is amounting to $5000. This may not be the only penalty, but instead, they can be put in prison for ten years. Though the two scenarios can happen concurrently here, the person can be imprisoned and at the same time made to pay for the amount. But for the second offence that can be committed by the person, he or she can be fined an amount which is accumulating to $150000, or the person can be imprisoned for 20 years. The two scenarios can happen where the person can be detained and fined.
Works Cited
Alsops, G and McBride, F. (2010). Seizing Digital Evidence by First Responders. New York: Vanguard Press.
Bulman, J. C. (2000). Warrant of Search Computer. Manchester, UK: Manchester University Press.
Daems, H. (2013). Illegal Acts. New York: Pergamon.
