NCJ Number
101418
Journal
FBI Law Enforcement Bulletin Volume: 55 Issue: 5 Dated: (May 1986) Pages: 25-30
Date Published
1986
Length
6 pages
Annotation
This article examines the application of fourth amendment warrant requirements to computer-related searches, with attention to special problems police may encounter in establishing probable cause and describing the computer equipment to be seized.
Abstract
To establish probable cause, officers must convince the magistrate that a crime has been committed. The services of an expert may be required, and it is important that technical details are explained in layman's terms to ensure that the mechanics of the crime are clearly understood. In addition, factual evidence must be set forth to show that a crime exists. This may include showing that a computer was an instrumentality of the crime or that computerized records of criminal activity exist. Finally, officers must prove the probability that the evidence sought is located at the place where they are seeking authorization to search. As a warrant must be for specified, named items, it is important that all components (processing unit, printers, terminals) be particularly and precisely described. 46 notes.