I am sure countries have their own way of dealing with it but they must also have a lot of similarities regarding the legal texts about seizing digital media where suspect asks for a copy of everything.
In my country, Code of Criminal Procedure articles 134 legal text says;
- Only judge can decide whether or not suspect's computer(s) should be seized, copied and examined.
- All data must be backed up during seizure and if it is not possible it could be taken to a lab.
- After backing up all data, the materials must be returned.
- During seizure, everything is backed up and if suspect or his lawyer asks for a backup for themselves, they must be given one copy of all data"
These are basically what our law says currently. What about yours in your own country?
Thanks in advance.
- After backing up all data, the materials must be returned.
Am I understanding it right that if you make a copy of a suspects hard drive after you have completed this you then return the hard drive? Surely that is a bit sketchy if its involving child pornography and you then return all of the data back to the suspect?
Correct me if I am misunderstanding.
- After backing up all data, the materials must be returned.
Am I understanding it right that if you make a copy of a suspects hard drive after you have completed this you then return the hard drive? Surely that is a bit sketchy if its involving child pornography and you then return all of the data back to the suspect?
Correct me if I am misunderstanding.
Kind of like seizing a gun in a murder , doing the ballistics then returning the gun. What about the 'best evidence' rule?