NCJ Number
161286
Date Published
1995
Length
6 pages
Annotation
Search and seizure of computers in connection with investigations of computer-related crime involves several legal and practical issues.
Abstract
The Computer Crime Unit in the Department of Justice has recently published a 164-page monograph titled Searching and Seizing Computers: Federal Guidelines. This treatise provides a comprehensive analysis of the major legal issues and provides policy and practical guidance for Federal law enforcement personnel involved in such searches. One of the most important issues for investigators is training in the technical aspects of computers, because this issue is extremely complex and has many pitfalls for those who are unwary. Another crucial point is that each component in a computer system should be considered independently. Probable cause must be separately and specifically articulated for each item. Both legal and practical considerations make it advisable to seize the minimum amount of equipment necessary to accomplish the goal of the search. Another important issue is the extent to which the presence of privileged or protected material in a computer system can affect the government's ability to conduct a search. This issue is particularly likely in connection with an electronic bulletin board system. Another important statutory provision that investigators must understand focuses on stored electronic communications. Investigators conducting searches for the first time should consult the Federal guidelines and feel free to contact the Computer Crime Unit's attorneys before beginning to draft the affidavit and the warrant. Reference note