Seizing Computers and Obtaining Electronic Evidence in Criminal Essay

Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations - Essay Example The plain view exception indicates that the search warrant holders should seize evidence in plain view. No warrant is needed to seize evidence that is in view. However, in computer devices, this is not applicable. Courts have generally held that law enforcers are entitled to search the entire computing device for evidence in the case of a crime. The law enforcers are encouraged to look for information in the entire device by reviewing every file in the computer. This is major because of the ease with which files in a computer can be camouflaged or hidden in different kinds of names and extensions. Assume that the courts in your jurisdiction are considering requiring a judicially approved ‘search protocol’ before a judge will sign a search warrant authorizing a search of any computer device. Computers can be used to manipulate evidence and make it difficult for authorities to obtain the required information to prosecute or find evidence. Even though law enforcers are allo wed to carry out a search warrant if the courts deem it fit to curtail their mandate they would be forced to oblige, but at the risk of losing vital evidence. If courts restrict searches of computer devices up to the point when a judicial approval is received, suspects can manipulate their devices and do away with what can be incriminating. However, if the judicial approval is needed before a search warrant, then the law enforcers should be allowed to have the devices in their possession to eliminate the risk of the accused tampering with the evidence.