Builds on: Electronic Evidence: Best Practices and Pitfalls
Australia: Warrants, Device Access and Assistance Orders
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A computer raises questions that a search warrant for paper does not. May the officer operate it? May she read data held elsewhere? May she take the machine away? Can the owner be required to unlock it? Commonwealth law answers each in a separate section.
Focus: what the warrant covers, copy before you seize, the time limits, the assistance order under section 3LA, and the covert warrants in outline. This unit covers Commonwealth law only. It is not legal advice, and it does not describe methods.
Learning objectives
- Say what a Commonwealth search warrant authorises for computers and data.
- Explain when to copy and when to seize, and the time limits.
- Describe a section 3LA order: who may be named, who grants it, and the penalty.
- Tell apart, in outline, the covert warrants for devices, computers and accounts.
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