3C.2 Search and Seizure


3C.2 Search and Seizure

In England and Ireland, law enforcement must obtain legal authorization to search a location and seize evidence. Part II of the English Police and Criminal Evidence Act, 1984, sets out a statutory framework governing powers of entry, search and seizure. Specifically, Section 8(1) lists the following requirements for obtaining a search warrant.

If on an application made by a constable, a justice of the peace is satisfied that there are reasonable grounds for believing -

  1. that a serious arrestable offence has been committed; and

  2. that there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and

  3. that the material is likely to be relevant evidence; and

  4. that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

  5. that any of the conditions specified in subsection (3) below applies,

he may issue a warrant authorising a constable to enter and search the premises.

In making a request for a search warrant, law enforcement officers in England are required to state the grounds for their application including the law that has been broken. Also, as in the United States, the application must specifically describe the premises that will be searched and, as much as possible, the items or individuals that are being sought. Additionally, computer information is specifically mentioned in Section 19(4) of the Police and Criminal Evidence Act.

The constable may require any information which is contained in a computer and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible if he has reasonable grounds for believing -

  1. that -

    1. it is evidence in relation to an offence which he is investigating or any other offence; or

    2. it has been obtained in consequence of the commission of an offence; and

  2. that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.

Additionally, Section 20(1) authorizes law enforcement to collect digital evidence.

Every power of seizure which is conferred by an enactment to which this section applies on a constable who has entered premises in the exercise of a power conferred by an enactment shall be construed as including a power to require any information contained in a computer and accessible from the premises to he produced in a form in which it can be taken away and in which it is visible and legible.




Digital Evidence and Computer Crime
Digital Evidence and Computer Crime, Second Edition
ISBN: 0121631044
EAN: 2147483647
Year: 2003
Pages: 279

flylib.com © 2008-2017.
If you may any questions please contact us: flylib@qtcs.net