Legal Question in Technology Law in New Jersey
NJ Computer Search Warrants
According to the New Jersey COmputer search and seizure manuel, the search of a computer for evidence must follow the specifications of the search warrant. If a search warrant was issued to search a hard drive and it was only good for 30 days and the hard drive was not entered until 5 months after, is there a violation of my constitutional rights against unfair search and seizure? According to my research in US Supreme court cases, if the comptuer was not entered during the initial period allowed, then anything found can not be used against me. Especially five months after the warrant expired. Please help, my lawyer has not fought for me and made me plea bargain.
2 Answers from Attorneys
Re: NJ Computer Search Warrants
Search warrants limit only the time during which police may seek and seize the computer or other items described in the warrant. Items properly seized during that time may be kept and examined even after the warrant itself has expired. Computers are treated just like any other evidence for these purposes.
If police seize a gun from a murder suspect do you think they must complete their testing within 30 days and then return the weapon? How would preventing tests after that period serve the interests of justice? Such a requirement would make no sense -- whether applied to weapons or to computers.
Re: NJ Computer Search Warrants
I know the S&S manual very, very well. I'll tell you more about that later. Here's your first problem, without an attorney to advance your arguments, you are going nowhere. The other thing you have to learn is that the law is not always followed. So lets say you are right, but the judge sees things different, where are you then? I think its time you consulted with some other attorneys before this goes too far.
I've had this issue before and there is a big difference between a HD and a house. Thus, while they may have taken way too long, the judge may let it go. Also, are you sure they really took this long? I know one of the first things they do with a new computer is hook it up to fastbloc, so are you sure they didn't do that already?
My initial consultations are always free and computer crime is a big area for me and my firm, so call me at 732/247/3340 to discuss your case.