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IT485Midterm - f)What is the legal remedy for an illegal...

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1. The mid term will cover Chapters 1 through 3. 2. You should be familiar with the questions in each of the first two quizzes as well as those asked on the assignments through October 16th. 3. Sample questions: a)Explain the reasoning used by Warren and Brandeis in "The Right to Privacy" to arrive at a common law tort and remedy for invasions of privacy. Discuss why laws existing at the time the article was written were insufficient for this purpose in their view. Press became increasingly sensationalistic; “yellow journalism” ; technological advancements (camera) b)Can the media have access to FBI rap sheets under FOIA and explain which Supreme Court case decided that issue? c)Explain the privacy protections afforded in evidence law, property rights law and contract law. d)How does the Fourth Amendment protect privacy? e)Describe what is meant by the "tension" between privacy and security.
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Unformatted text preview: f)What is the legal remedy for an illegal search? The primary remedy in illegal search cases is known as the " exclusionary rule ". This means that any evidence obtained through an illegal search is excluded and cannot be used against the defendant at his or her trial. There are some narrow exceptions to this rule. For instance, if police officers acted in good faith—perhaps pursuant to a warrant that turned out to be invalid, but that the officers had believed valid at the time of the search—evidence may be admitted. g)Why are'nt pen registers and trap and trace devices a form of wiretap akin to that in Katzv US? h)Could a police officer obtain a person's internet subscriber information by falsifying a subpoena and escape without any civil liability or exclusionary rule? Why? i)Explain what minimization is in the context of electronic surveillance and why it is important....
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