Reviewing U.S. Government Computer Search and Seizure Policies

Abstract

This article concludes the consideration that began in last month's issue of EDPACS of several questions that involve search and seizure procedures as they pertain to the use of computing technology. When can the U.S. government search an individual's computer? and do its representatives need to possess a warrant if they seek to seize an individual's computer? Again, is the possession of a warrant necessary if these individuals want only to copy data that resides in this computer? IS auditors need to understand the new meaning that the use of computing has given to the Fourth Amendment to the U.S. Constitution. in particular, the introduction of the Internet makes securing search warrants difficult. However, if digital evidence is at issue and is reasonably believed to be in danger, the exigent circumstances doctrine would justify downloading the information before obtaining a warrant. Recognizing the strong preference for the use of warrants, courts in the United States have suppressed evidence when the agents or officers have had time to get a warrant but failed to do so.