Materials on Electronic Discovery: Search and Seizure of Computers and Data in Criminal Cases
This page contains links to articles, PowerPoint slide presentations, and other items of interest on electronic discovery. Unless otherwise noted, these materials were prepared by Federal Judicial Center staff for use in judicial and continuing legal education programs and are not subject to copyright. They may be downloaded and republished without permission. (Go here for Materials on Electronic Discovery: Civil Litigation.)

Workshop and Seminar Materials
Search and Seizure of Computers and Data, presented at the National Workshop for U.S. Magistrate Judges, July 7-9, 2004. Includes discussion outline, bibliography, and recent cases assembled in PDF format.
Computer-Based Investigation and Discovery in Criminal Cases: A Guide for United States Magistrate Judges, presented at the National Workshop for U.S. Magistrate Judges II, July 8-10, 2003. Includes PowerPoint slides, outline, and background reading assembled in PDF format.

Annotated Bibliography
Search and Seizure of Computers and Data: Annotated Bibliography (updated June 25, 2004)

Sample Forms and Orders
The following sample forms and orders are in RTF format and can be opened and edited in any standard word-processing format. They have been assembled from a variety of sources, and no endorsement of any particular form or order is implied. If you have a sample form or order you would like to contribute to this collection, Richard Dargan, Sr. Judicial Education Attorney at rdargan@fjc.gov or 202-502-4057.
Affidavit establishing probable cause in an Internet child pornography investigation
Addendum to a search warrant requiring 10-day status reports on data analysis
Addendum to a search warrant requiring 14-day status reports on data analysis and addressing computer custody issues
Addendum to a search warrant with simple protocol for computer investigation and return of data to owner
Addendum to a search warrant identifying possible computer data search techniques to be utilized
Addendum to search warrant requiring regular status reports and identifying possible computer data search techniques
Addendum to search warrant establishing broad protocol for identifying and seizing computer data
Comprehensive set of definitions and procedures for the seizure of computers and data, conducting off-site searches of computers and data, and searching computers of an ongoing business enterprise
Application for an order under 18 U.S.C Sec. 2703(d)
Application for an order authorizing the installation and use of a pen register
Application for an order authorizing the installation and operation of a trap and trace device
Order granting defendant permission to inspect and copy seized computer hard drive

Selected Outside Resources (copyright restrictions on republication may apply)
Amy Baron-Evans, When the Government Seizes and Searches Your Client's Computer. This article originally appeared at 27 Champion Magazine 18 (June 2003), but was updated in Fall 2003 for Massachusetts Continuing Legal Education and appears here with permission of the author.
Susan W. Brenner & Barbara A. Frederiksen, Computer Searches and Seizures: Some Unresolved Issues, 8 Mich. Telecomm. & Tech. L. Rev. 39 (2002)
Orrin S. Kerr, Digital Evidence and the New Criminal Procedure, 105 Columbia Law Review 279 (2005)
United States Department of Justice, Technical Working Group for Digital Evidence in the Courtroom, Digital Evidence in the Courtroom: A Guide for Law Enforcement and Prosecutors (2007)
Joint AO/DOJ Working Group on Electronic Technology in the Criminal Justice System, Report and Recommendations (2003)
United States Department of Justice, Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations, (Sept. 2002). This publication includes a number of sample forms, including: