Computer Search warrants

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How is a search warrant for a computer obtained?

• A police officer or other official applies to a judge or magistrate for a search warrant 
  
• The applicant must establish probable cause that a crime was committed, and that the computer contains evidence of that crime 
  
• The applicant must swear to the truth of the facts that establish probable cause 
  
• The warrant must describe the specific items to be searched and seized 
  

What is protected by a search warrant?

• The Fourth Amendment of the U.S. Constitution protects people from unreasonable searches and seizures 
  
• A search warrant protects the privacy of the person whose computer is being searched 
  

What are some exceptions to the search warrant requirement? 

• Evidence is in plain view
  
• The owner of the computer consents to the search
  
• There are exigent circumstances, such as an emergency
  
• The search is at a U.S. border
  
• The person being searched is on probation, parole, or supervised release