Search and Seizure of Digital Evidence in Criminal Proceedings

Introduction

The rapid development in computer technology in the past two decades has focused attention by countries on the need to modernize and update their legal and administrative capabilities. The advent of digital evidence has become commonplace as people and entities respond to legitimate business transactions. The prevalence of abuse has focused attention on the development of mechanisms to respond to cyber crimes and computer related interferences. Digital evidence may be considered any information of a probative nature that is stored, transmitted or retrieved in a binary form. The format of digital evidence consists of ones and zeros of electricity. As such, digital evidence is beyond the conventional computer based information, extending to the analogue format of audio and video productions, although all are rapidly becoming digital as well.

The International Narcotics Control Board1 has repeatedly cautioned that committing a crime in an electronic environment (cyber crime) is easy. Few resources are required to obtain access to ...

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