Computer Crime and Intellectual Property Section (CCIPS)

Searching and Seizing Computers 
and Obtaining Electronic Evidence 
in Criminal Investigations

1. Searching and Seizing Computers and Obtaining Electronic Evidence 
   in Criminal Investigations
2. Federal Criminal Code Related to Searching and Seizing Computers
3. The Fourth Amendment and the Internet
4. Communications Assistance for Law Enforcement Act (CALEA), CALEA Implementation Section, USA Bulletin (May 2001)
5. Recognizing and Meeting Title III Concerns in Computer Investigations, Robert Strang, USA Bulletin (March 2001)
6. Computer Records and the Federal Rules of Evidence, Orin S. Kerr, USA Bulletin (March 2001)

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A. Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations

This publication provides a comprehensive guide to the legal issues that arise when federal law enforcement agents search and seize computers and obtain electronic evidence in criminal investigations. The topics covered include the application of the Fourth Amendment to computers and the Internet, the Electronic Communications Privacy Act, workplace privacy, the law of electronic surveillance, and evidentiary issues. This publication supersedes "Federal Guidelines for Searching and Seizing Computers" (1994), as well as the Guidelines' 1997 and 1999 Supplements.

• Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations
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• Download a zipped version of the document [218K]
• Download the PDF version of the document [492K]

B.  Federal Criminal Code Related to Searching and Seizing Computers

• 18 U.S.C. § 2510.   Definitions
• 18 U.S.C. § 2511.   Interception and disclosure of wire, oral, or electronic communications prohibited
• 18 U.S.C. § 2701.   Unlawful Access to Stored Communications
• 18 U.S.C. § 2702.   Disclosure of Contents
• 18 U.S.C. § 2703.   Requirements for Governmental Access
• 18 U.S.C. § 2705.   Delayed notice
• 18 U.S.C. § 2711.   Definitions
• 42 U.S.C. § 2000aa.   Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses

C.  The Fourth Amendment and the Internet

Kevin V. Di Gregory, Deputy Assistant Attorney General, testified before the Subcommittee on the Constitution of the House Committee on the Judiciary on July 24, 2000.  This statement addressed the law enforcement tool "Carnivore" and its impact on Internet privacy and the Fourth Amendment.

• Statement of Kevin Di Gregory, Deputy Assistant Attorney General Criminal Division, Before the Subcommittee on the Constitution of the House Committee on the Judiciary on "Carnivore" and the Fourth Amendment (July 24, 2000)

On April 6, 2000, Deputy Assistant Attorney General Kevin V. Di Gregory testified before the  Subcommittee on the Constitution of the House Committee on the Judiciary on the subject of the Fourth Amendment and the Internet.  His testimony detailed the ways in which the Fourth Amendment protects the privacy of Internet users.  Also covered were the new technical challenges that face law enforcement and possible solutions for overcoming these challenges.

• Testimony of Kevin V. Di Gregory, Deputy Assistant Attorney General, on the Fourth Amendment and the Internet before the Subcommittee on the Constitution of the House Committee on the Judiciary (April 6, 2000)
  

D. Communications Assistance for Law Enforcement Act (CALEA), CALEA Implementation Section, USA Bulletin (May 2001)

Electronic surveillance is one of the most valuable tools in law enforcement's crime fighting arsenal. In many instances, criminal activity has been either thwarted, or, if crimes have been committed, the criminals have been apprehended as a result of lawfully-authorized electronic surveillance.

Additional information on this subject is available via the link below.

• Communications Assistance for Law Enforcement Act (CALEA), CALEA Implementation Section, USA Bulletin (May 2001)
  

E.  Recognizing and Meeting Title III Concerns in Computer Investigations, Robert Strang, USA Bulletin (March 2001)

The dramatic increase in crimes involving the Internet, and computer crimes more generally, is well documented. The "2000 CSI/FBI Computer Crime and Security Survey" documented that 90% of the 643 respondents (primarily large U.S. corporations and government agencies) detected computer security breaches within the last twelve months, totaling hundreds of millions of dollars in losses. In light of the increased criminal opportunities created by the ever-growing reliance on, and growing interconnectedness between network computers, there can be no doubt that experienced and sophisticated computer criminals pose a substantial challenge to law enforcement.

Additional information on this subject is available via the link below.

• Recognizing and Meeting Title III Concerns in Computer Investigations, Robert Strang, USA Bulletin (March 2001)

F.  Computer Records and the Federal Rules of Evidence, Orin S. Kerr, USA Bulletin (March 2001)

This article explains some of the important issues that can arise when the government seeks the admission of computer records under the Federal Rules of Evidence. It is an excerpt of a larger DOJ manual entitled "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations", which is available on the internet at www.cybercrime.gov/searchmanual.htm.

Additional information on this subject is available via the link below:

• Computer Records and the Federal Rules of Evidence, Orin S. Kerr, USA Bulletin (March 2001)