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http://dx.doi.org/10.6109/jkiice.2013.17.11.2595

The problem point and improvement program of the scene search and seizure of digital evidence at practical affairs  

Kim, Yong-Ho (Graduate school of deepartment of Information & Communications, Sungkyunkwan University)
Lee, Daesung (Department of Computer Engineering, Catholic University of Pusan)
Publication Information
Journal of the Korea Institute of Information and Communication Engineering / v.17, no.11, 2013 , pp. 2595-2601 More about this Journal
Abstract
Currently, under being related with confiscation method of digital store medium from the court of justice, "the sorting confiscation method of principle, the exceptional medium confiscation method" from in section3 no.106 of the criminal procedure code disregard the actual fields of investigation. What is more, there are many difficulties to execute cases by observing this for the achievement of confiscation purpose. At this point, I present the problems of the present confiscation search method and the desirable scene confiscation search method and the improvement program under the new technology circumstance.
Keywords
Digital Forensic; Evidence Acquisition; effective seizure; search and seizure;
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  • Reference
1 U.S. Department of Justice, Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations 2009.
2 Abraham S. Goldstein, The Search Warrant, The Magistrate and Judicial Review, 62 N.Y.U. L. Rev. 1173, 1196 1987.
3 NCFS "The National Center for Forensic Science, Digital Evidence in the Courtroom": A guide for Preparing Digital Evidence for Courtroom Presentation, 2003. 12.
4 Richard O. Lempert & Steven A. Saltzburg, A Modern Approach to Evidence 370. 2nd . 1983.
5 United States v. Hay, 231 F.3d 630, 634, 9th. Cir., 2000.