NCJ Number
40053
Journal
Prosecutor Volume: 12 Issue: 4 Dated: (1977) Pages: 241-248
Date Published
1977
Length
8 pages
Annotation
THIS ARTICLE EXAMINES SOME OF THE INVESTIGATIVE AND PROBATIVE PROBLEMS FACING PROSECUTORS IN COMPUTER ABUSE CASES, FOCUSING ON EXISTING FEDERAL AND CALIFORNIA LAW.
Abstract
THE ARTICLE IS DIVIDED INTO FOUR MAJOR SECTIONS. IN THE FIRST SECTION, SEARCH AND SEIZURE OF COMPUTER EVIDENCE IS DISCUSSED, INCLUDING OBTAINING SEARCH WARRANTS AND/OR CONSENT OF THE COURTS TO AVOID SUPPRESSION OF EVIDENCE. THE AUTHOR THEN DISCUSSES PRESERVING THE CHAIN OF CUSTODY OF COMPUTER TAPE OR DISC EVIDENCE BECAUSE IT IS SO VULNERABLE TO ALTERATION AND SPOLIATION. STATUTES, RULES, AND COMMON LAW GOVERNING THE ADMISSIBILITY OF COMPUTER EVIDENCE, AND THE DUTIES OF COUNSEL IN SELECTING EVIDENCE AND PROVING HIS CASE ARE EXAMINED. THE BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE IS EXPLORED IN THE FINAL SECTION, AND IT IS CONCLUDED THAT THERE IS A NEED FOR THE GOVERNMENT TO LAY A FOUNDATION FOR INTRODUCING COMPUTER EVIDENCE WHETHER THE DATA IS TO BE USED AS ADMISSIBLE HEARSAY OR AS NON-HEARSAY CIRCUMSTANTIAL EVIDENCE OF A CRIME. (AUTHOR ABSTRACT MODIFIED)...EB