In the UK, when the police have a search warrant, can they search your computer? Can they bring in experts to recover secret/deleted files on the computer?
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Anonymous
ANSWERS: 7
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The police have powers to seize PC's : yes, They can also take the hard drives to an analyst and seach for records of deleted files via various methods.
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Yes, the police are allowed to take anything they might consider as evidence included in the warrant for analysing. This may include computers if they have reason to believe there is incriminating evidence on it. They do have expert staff specially for the analysis and they will do whatever they can to find data that the suspect might have deleted.
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The police can only take from your home what the warrant will specify. It is very rare that the Police can get a “blanket warrant” to remove anything they like from your home. Usually, the warrant will specify that the Police may only remove items which “may be pertinent to a conviction or proper investigation of the accused.” As such, if you are accused of Fraud, the Police have no right to take "Aunt Tilly's Ashs" or anything else of an obvious personal nature. However, in this day and age, a home computer may contain such evidence for almost any offence. Hence, they may legally seize your PC if they can later prove it was “pertinent” to the conviction or investigation of you. If you can prove that it was not, you may even have a technicality to get off your charge because the warrant was executed improperly! (However, in all fairness, I have to tell you, good luck with that!!)
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Yes, also if they find anything you wont get the hard disk returned or it will have been security wiped meaning no windows just nothing
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If it's possibly relevant to their investigation, yes they can. They can also retrieve long deleted computer files and interestingly enough, deleted text messages from mobiles too.
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No they can't. they can carry out a search but need a specific warrant to remove your pc
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most are correct but police need a specific warrant to remove computers these are covered by piracy (downloading and distrabution). pedofiles and certain frauds and extortion cases. all are subject to evidence found on hard drives or other forms of electronic storage medium. it is a judges descision wether you get any or all of the seized items back but invariably you will loose the hard drive.
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