With the general use of computers worldwide, computer crimes have widely increased. The emergence of the dark web also contributes to computer crimes, including drug trafficking, hacking, child pornography, among other crimes. Computer crimes, therefore, necessitate the development of search warrant applications to prosecute computer crimes. Considerations such as locations where the search occurs, the particularity of the search and
Before a search warrant is issued, the location of the crime committed should be established. The federal law in the United States of America initially allowed judges to issue search warrants on electronic devices within the same district. However, dark web users are usually anonymous, and their locations are not disclosed. In 2016, rule 41 of federal rules of criminal procedures were amended to allow a remote search of electronic devices. (Kesari & McCoy, 2017) If a search reveals multiple locations, then multiple search warrants must ensure strict compliance with the law. With the remote search of devices allowed, geographic restrictions are removed hence leading to the investigation of massive dark web users who are usually anonymous.
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The particularity of investigation is also a very crucial consideration before the issuance of a search warrant. It is worth noting that search warrants must particularly describe the specific location to be searched and specific files likely to be associated with crime. (Bellovin et all, 2016) Besides, before the issuance, the search should establish if the hardware itself is contraband or the hardware's information. In some cases, the hardware will be seized, or the hardware's information will be seized. During investigations, some judges may offer guidelines on how the information should be obtained depending on the crime's nature under investigation.
Also, in the investigation of computer-related crimes, the need to explore the facts that show reasons to believe that a particular computer or device is related to a specific crime and there is a need for its investigation. (Benton, 2018) The establishment of involvement could be done using investigations from the suspect's Internet Service Provider to see whether the suspect's IP address was used to search or obtain certain materials. Besides, the establishment could be done through online account information pointing to email conversations, credit cards used, and any other useful information that associates an online account with a crime.
In conclusion, as earlier stated, cyber-crime investigations are majorly dependent on the locations they occur. If multiple scenes in different geographical locations are being searched, multiple warrants should be sought to ensure compliance with the law. During investigations, it is worth noting that every citizen can keep safe information they regard as personal and private. With these in mind, proper protocols must be observed during cyber-crime investigations.
References
Kesari, A., & D McCoy. (2017). ). Deterring Cybercrime: Focus on Intermediaries. Technology Law Journal . https://doi-org.proxy-library.ashford.edu/10.l5779/Z387M04086.
Benton, D. (2018). Seeking Warrants for Unknown Locations: The Mismatch between Digital Pegs and Territorial Holes. Emory Law Journal , 183–220.
Bellovin, S., Blaze, M., & Landau, S. (2016). Insecure Surveillance: Technical Issues with Remote Computer Searches. Computer . https://doi-org.proxy-library.ashford.edu/10.1109/MC.2016.68.
