Legal, Ethical & Reporting Standards Flashcards
7 cards from real ACE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal, Ethical & Reporting Standards flashcards as text
Under the Federal Rules of Evidence (FRE) Rule 901, what must a forensic examiner establish before digital evidence is admissible?
Answer: Authentication that the evidence is what it purports to be
FRE Rule 901 requires authentication—demonstrating that the evidence is what the proponent claims it to be.
A forensic examiner discovers child exploitation material during a civil litigation investigation. What is the correct course of action?
Answer: Stop examination and report to law enforcement per mandatory reporting obligations
Discovery of CSAM triggers mandatory reporting obligations under 18 U.S.C. § 2258A; examiners must stop and report to law enforcement.
Which doctrine allows a court to exclude evidence obtained through unlawful means, even if the evidence itself is valid?
Answer: Exclusionary Rule (Fruit of the Poisonous Tree)
The Exclusionary Rule, including the 'fruit of the poisonous tree' doctrine, bars admission of evidence derived from unconstitutional searches.
When writing a forensic report, an examiner should attribute findings to:
Answer: Objectively observed artifacts and data with supporting technical detail
Reports must be objective, attributing conclusions to verifiable artifacts and technical findings rather than speculation or hearsay.
The Stored Communications Act (18 U.S.C. § 2701) primarily governs:
Answer: Law enforcement access to emails and data stored by third-party service providers
The SCA regulates how and when government entities may compel electronic communications providers to disclose stored communications.
An examiner working for the defense discovers evidence that clearly inculpates the defendant. Ethically, the examiner should:
Answer: Include the finding in the report and let the attorney decide on disclosure strategy
The examiner's ethical duty is to report findings accurately to the retaining counsel; legal strategy decisions belong to the attorney.
Which type of legal hold notice is typically issued to preserve electronically stored information (ESI) in anticipation of litigation?
Answer: Litigation hold (preservation letter)
A litigation hold directs parties to preserve potentially relevant ESI once litigation is reasonably anticipated, as required by Federal Rules of Civil Procedure.