NCJ Number
102536
Journal
FBI Law Enforcement Bulletin Volume: 55 Issue: 6 Dated: (June 1986) Pages: 24-30
Date Published
1986
Length
7 pages
Annotation
Part 2 of a two-part article considers the particularity requirement for a search warrant applied to computerized information and discusses standards for executing search warrants on computer facilities.
Abstract
After describing the information sought with particularity, the affidavit for the search warrant should indicate that the information is electronically stored and should note the storage media (magnetic discs, etc.). Document contents must be described in detail. When only the general nature of the information is known, the general description should be qualified by some standard that will enable the executing officers to separate the desired information from other information. This qualifying standard is known as a limiting phrase. This phrase must be crafted based on the facts establishing probable cause to search. In executing a search warrant, officers are generally required to announce their authority and purpose to residents of the facility to be searched. Since computerized information may be quickly destroyed, however, a preentry announcement is not required before seizing such information. If possible, such information may even be secretly accessed from a remote terminal. The custodian of such material should be later informed of the intrusion. Officers on the scene should be careful to restrict the search to the items listed in the warrant. Officers must know how to operate computers so as to retrieve the desired information and distinguish it from innocent information. The search should end when all items named in the warrant have been found. The 'plain view' doctrine permits the seizing of unnamed items whose quick perusal reveals probable cause a crime has been committed. 118 footnotes.