Computer crime scene investigations are conducted in another world. Electronically stored information and computer software operate with their own set of rules that make comparisons to physical evidence misleading. Search warrants that target computerized evidence run the risk of becoming general warrants. And the Fourth Amendment’s injunctions of particularity and specificity in identifying the files to be seized are being challenged by the methods for acquiring them.
Take, for example, the case of a sexual assault complaint filed in connection with a party attended by airmen from a military base on the night of Feb. 12, 2005. One of the airmen had taken photos at the party and was sought out as a witness.[FOOTNOTE 1] He turned over the images, which had been copied to his laptop. But since the investigators believed his computer possibly held more evidence, they obtained a search warrant. It permitted an examination of the specified laptop and memory card for images from the night at issue.
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