22:36 Search warrants in an era of digital evidence - statement of a question (Orin S. Kerr) | |
The legal rules regulating the search warrant process must be revised in light of the demands of digital evidence collection. Existing rules are premised on the one-step process of traditional searches and seizures: the police obtain a warrant to enter the place to be searched and retrieve the property named in the warrant. Computer technologies tend to bifurcate the process into two steps: the police first execute a physical search to seize computer hardware, and then later exe-cute a second electronic search to obtain the data from the seized computer storage device. | |
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