This presentation is designed to aid investigators and prosecutors in the formulation of search warrants that align with current legal trends. We will address ways to establish probable cause to search in the ever-changing digital evidence environment, including issues with staleness and warrant requests that are deemed too broad. Participants will receive practical techniques on overcoming judicial reluctance to grant search authority and to avoid suppression issues and even Franks hearings. Finally, we will address using search warrants to gather the evidence needed to obtain a conviction and an appropriate sentence.
Learning Objectives:
Develop strong affidavits using various forms of digital and traditional evidence
Recognize common issues with affidavits and warrants that lead to legal challenges.
Find evidence using search warrants that not only establishes probable cause, but also is persuasive to judges and juries.