Who can allow a computer to be searched for evidence?
The owner of a computer can grant permission for it to be examined. A business may grant permission for a search on any of their computers, regardless of the user. In a civil dispute, the parties can agree to an examination or the court can order an examination. In a criminal case, the computer will usually first be seized by law enforcement. The opposing attorney can often request copies of the seized material and the report of its examination or request an examination by a private lab.
The Individual – An owner of a computer can allow it to be forensically examined. An example would be a family computer that the children use. The parents can have it examined at any time. However, if the spouse has a password-protected account on a computer, the computer is considered a ‘container’ and that owner has an expectation of privacy. The Fourth Amendment of the United States Constitution guarantees this right to privacy. A court order may be needed to ‘search’ the computer in question. It is important to consult your attorney before getting a forensic examination performed without the knowledge of your spouse. See the Forensic Services for the Individual page for more information about this and for probate issues. Organizations and Businesses – Organizations should always have an Acceptable Use Policy and require all employees to read and sign it. Typically, an employer may search any of their computers at any time. No employee should assume anything personal on a company co
The lawful owner of a computer can give permission or consent to examine the data on a computer or digital media. A business or corporation may grant permission for a search on any of their computers, regardless of the user. In a typical civil dispute, both parties can mutually agree to an examination or the court can order an examination. Typically in a criminal case the computer or media will usually have been initially seized by law enforcement. The opposing counsel can often request copies of the seized media and request an examination by a computer forensics expert. If there is a dispute to ownership, you should contact an attorney who can instruct you what the applicable New Jersey and Federal courts have ruled in regards to these matters.
