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1 Orin S. Kerr, Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations [1] (2001)

handle is hein.agopinions/sgsgcsot0001 and id is 1 raw text is: CCIPSfinal Email this Document! Computer Crime and Intellectual Property Section (CCIPS) Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations Computer Crime and Intellectual Property Section Criminal Division United States Department of Justice January 2001 PREFACE This publication supersedes Federal Guidelines for Searching and Seizing Computers (1994), as well as the Guidelines' 1997 and 1999 Supplements. Although the interagency group that produced the Guidelines achieved its goal of offering systematic guidance to all federal agents and attorneys in the law of computer search and seizure, intervening changes in law and the dramatic expansion of the Internet since 1994 have fostered the need for fresh guidance. This manual is designed to combine an updated version of the Guidelines' advice on searching and seizing computers with guidance on the statutes that govern obtaining electronic evidence in cases involving computer networks and the Internet. Of course, this manual is intended to offer assistance, not authority. Its analysis and conclusions reflect current thinking on difficult areas of law, and do not represent the official position of the Department of Justice or any other agency. It has no regulatory effect, and confers no rights or remedies. This publication was written by Orin S. Kerr of the Computer Crime and Intellectual Property Section of the U.S. Department of Justice, under the supervision of Martha Stansell-Gamm, Chief of the Computer Crime and Intellectual Property Section. The author gratefully acknowledges the assistance of Mark Eckenwiler, Scott Charney, David Green, Jennifer Martin, Chris Painter, the members of the 1999 CTC Working Group (especially Stephen Heymann), Jeff Singdahlsen, Mark Pollitt, Thos. Gregory Motta, Joanne Pasquerelli, and summer interns Dan Jackson and Avi lonescu. Electronic copies of this document are available from the Computer Crime and Intellectual Property Section's web site, www.cybercrime.gov. Inquiries, comments, and corrections should be directed to Orin S. Kerr at (202) 514-1026. Requests for paper copies or written correspondence should be sent to the following address: Attn: Search and Seizure Manual

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