Legal Question in Criminal Law in New York
Computer Searches
I'd like to know if their is any case law that supports the use of computer forensic technicians in reguard to searching a computer as incident to an arrest or with a search warrant only?
1 Answer from Attorneys
computer searches
i will try to search for some caselaw, but off the top of my head, i suppose it would depend in large part on whether the computer was believed to be an Instrumentality of the crime ..so, one result [yes, seize & search] if the crime under investigation were "hacking" or mbbe even child porn & another result [no, no seize] if the crime were theft of an automobile, for instance.Regards, etc.jmh
-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-