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Computer Searches and Seizures

NCJ Number
114505
Journal
Law and Order Volume: 36 Issue: 11 Dated: (November 1988) Pages: 68-71
Author(s)
G Mehnert
Date Published
1988
Length
4 pages
Annotation
Investigating computer-related crime and conducting computer search and seizures will require some specialized expertise from law enforcement personnel.
Abstract
A personal computer system that an officer might be interested in searching consists of hardware, software, and data. Property items that may be seized include the central processing unit, monitor, keyboard, mouse, floppy drives, and diskettes, hard disk drives and hard cards, printers, modems, cables and connectors, and magnetic tape storage units. When applying for a warrant, officers must determine if there is sufficient probable cause to seize the computer itself or only its contents (stored data). Language of the warrant should not be overly technical. During a warrant execution, the room containing the computer should be photographed; hardware and software should be transported in a manner that minimizes shock, dust, heat, humidity, and static; diskettes and connectors should be photographed and tagged; security software and electromagnetic fields should be considered lest evidence be destroyed; and all steps taken should be recorded in detail. Officers conducting such searches and seizures should be knowledgeable about computers, or expert assistance should be sought. Expert help also should be obtained when dealing with mainframe computers, hacker systems, and systems with specially written software.