NCJ Number
212823
Date Published
2005
Length
218 pages
Annotation
This book is an introduction to how courts have applied constitutional requirements for searches and seizures to evidence obtained from a computer.
Abstract
The first chapter describes the characteristics and frequency of computer-related crimes, followed by a chapter that examines in greater depth the computer-related crimes most often encountered by investigators. This chapter emphasizes the importance of using proper procedures in seizing evidence from computers. Chapters three and four address the fourth amendment's prohibition against unreasonable searches and seizures and its application to computer-related evidence. The discussion pertains to criteria for the reasonableness of a seizure of computer-related ("digital") evidence and the features of a search warrant drafted for digital evidence. Doctrines underlying warrantless searches are explained, along with their application to the search for and seizure of digital evidence. Also addressed in these chapters are the ways courts have applied several of the warrantless search doctrines applicable in traditional crimes to contemporary computer-related crimes. The concluding chapter presents recommendations for search and seizure procedures that involve digital evidence. One recommendation is that those who compose warrants and conduct searches for and seizures of digital evidence familiarize themselves with various relevant circuit court decisions, since these decisions have varied from circuit to circuit. Some researchers have recommended the creation of a computer search warrant team, which would be composed of members with specialized training and experience in computer technology, including how and where data may be stored and how best to collect and preserve it. Regarding warrantless searches for computer evidence, most courts have viewed computers as the equivalent of a filing cabinet, which means that warrantless searches are not acceptable. 165 references, a subject index, and appended definitions of relevant terminology, a text of Section 2703(c)(1) of the Electronics Communications Privacy Act of 1986 and of the Computer Fraud and Abuse Act - 18 U.S.C. 1030