Searching and Seizing computers and Obtaining electronic evidence in criminal investigations

Citation Data

MLA

Computer Crime and Intellectual Property Section, Criminal Division, United States Department of Justice. Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations. Silver Spring, MD :U.S. Dept. of Justice, 2003.

APA

Computer Crime and Intellectual Property Section, Criminal Division, United States Department of Justice. (2003). Searching and seizing computers and obtaining electronic evidence in criminal investigations. Silver Spring, MD :U.S. Dept. of Justice,

Chicago

Computer Crime and Intellectual Property Section, Criminal Division, United States Department of Justice. Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations. Silver Spring, MD :U.S. Dept. of Justice, 2003.

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Title: Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations
Author: United States. Department of Justice
Note: second edition, 2002
   
Link: HTML at cybercrime.gov
Stable link here: https://onlinebooks.library.upenn.edu/webbin/book/lookupid?key=olbp38045
   
Subject: Computer crimes -- Investigation -- United States -- Handbooks, manuals, etc.
Subject: Evidence, Criminal -- United States -- Handbooks, manuals, etc.
Subject: Searches and seizures -- United States -- Handbooks, manuals, etc.
Call number: KF9630 .K47 2002
Other copies: Look for editions of this book at your library, or elsewhere.

Edited by John Mark Ockerbloom ()
Data for this curated collection listing is CC0. See OBP copyrights and licenses.

Case law related to electronic evidence has developed significantly. Of particular note has been the development of topics such as the procedures for warrants used to search and seize computers, the procedures for obtaining cell phone location information, and the procedures for the compelled disclosure of the content of electronic communications. In addition, as possession of electronic devices has become the norm, courts have had the opportunity in a large number of cases to address questions such as the application of the search incident to arrest doctrine to electronic devices.

We included for your information the "Intake and Charging Policy for Computer Crime Matters" and the October 25, 2016 update.

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Appendix F
Sample Premises Computer
Search Warrant Affidavit
This form may be used when a warrant is sought to allow agents to enter a
premises and remove computers or electronic media from the premises. In
this document, "[[" marks indicate places that must be customized for each
affidavit. Fill out your district's AO 93 Search Warrant form without any
reference to computers; your agents are simply searching a premises for items
particularly described in the affidavit's attachment. Consider incorporating
the affidavit by reference. See Chapter 2 for a detailed discussion of issues
involved in drafting computer search warrants.
UNITED STATES DISTRICT COURT
FOR THE [DISTRICT]

)
In the Matter of the Search of )
[[Premises Address]] )
)

Case No.

AFFIDAVIT IN SUPPORT OF AN APPLICATION
UNDER RULE 41 FOR A WARRANT TO SEARCH AND SEIZE
I, [[AGENT NAME]], being first duly sworn, hereby depose and state as
follows:
INTRODUCTION AND AGENT BACKGROUND
1. I make this affidavit in support of an application under Rule 41 of
the Federal Rules of Criminal Procedure for a warrant to search the premises
known as [[PREMISES ADDRESS]], hereinafter "PREMISES," for certain
things particularly described in Attachment A.
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