Legal Issues Regarding Digital Forensic Examiners Third Party Consent to Search

Abstract

This paper focuses on Federal law as it relates to consent to search relating to Fourth Amendment privacy in the practice of Digital Forensics. In particular, Digital Examiners should be aware of how decisions in Federal Court may impact their ability to acquire evidence in both civil and criminal settings. Digital Forensics, being a relatively new field, is particularly subject to change as cases and appeals are decided. This paper provides an overview of relevant case law relating to issues in Digital Forensics. More importantly, our research provides Digital Forensic Examiners (DFE), as defined by Lonardo, White, and Rea (Lonardo, 2008, 2009), with scenarios that illustrate the various nuances when dealing with the consent to search. From issues of common authority, conflicting consent, apparent authority, and voluntary consent, our research explores court findings and applies them to practical advice and policy formation for DFEs.