The Fourth Amendment to the U.S. Constitution protects your right to be free from unreasonable searches and seizures. That means the authorities need a proper warrant to search a computer’s hard drive.
In Texas, computer search warrants work similarly to those that address other property (home, vehicle, etc.). The police must follow the specific terms outlined in the document. If they do not, their misconduct could play an advantageous role in your defense.
What crimes are vulnerable to digital evidence?
In prior decades, when most did not have personal computers, hard drive warrants typically addressed financial crimes like embezzlement or fraud. Now, nearly everyone owns a computer or has access to one.
That means computer evidence can be a factor in any crime, from murder to money laundering and everything in between.
What can the authorities search for on a hard drive?
Most defendants do not realize that there are an overwhelming number of rules and guidelines the authorities must follow when issuing warrants and searching for evidence. For example, the search warrant must “particularly describe” what may be searched and seized. A variance from the particular terms of the warrant is unlawful and could jeopardize the prosecutor’s case to your benefit.
Who will search the computer drive?
A qualified party, usually a computer forensics professional, must search for and obtain digital evidence to prevent contamination. A police officer should not turn on your computer and start searching for evidence. In most cases, law enforcement seizes the specified computer, and then a forensics professional searches it for evidence.
Digital evidence seems irrefutable to most defendants. However, uncovering procedural errors in the search warrant execution or handling of computer evidence could substantially improve your situation. Legal guidance can help you make sense of your defense options.