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Former Senior LA Prosecutor.
Harvard Law School Educated.
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Los Angeles Computer Searches

When conducting a criminal investigation, law enforcement officers are often eager to access a suspect’s computer to see if there is evidence of criminal conduct in the hard drive. Evidence found on a suspect’s computer can be critical in many white collar crimes and computer crimes investigations. In recent years, law enforcement agencies have hired numerous computer forensic experts to assist in conducting these searches. However, law enforcement cannot simply take and search anyone’s computer and can only conduct these searches under certain circumstances. The rules pertaining to computer searches apply to desktop computers and their hard drives, laptop computers and their hard drives, external hard drives and tablet computers.

The majority of computer and hard drives searches are conducted after the police have obtained a search warrant authorizing the search. In order to get a search warrant, the investigating officer must present an application to a judge for signing. The judge must determine based on the officer’s application and affidavit whether there is probable cause to believe that a felony offense has been committed and that it is likely that the search will produce evidence relating to the commission of the crime. The warrant must be specific and must list the devices and/or files to be searched and what evidence is sought. If the search includes computers, hard drives or files that were not listed in the warrant or has produced evidence not described in the warrant, the search may be considered invalid.

There is a “plain view” exception that would apply to certain computer searches. If the officer notices material or files on a computer that are obviously incriminating, this evidence could be considered searchable. For example, if the police are searching a computer in connection with a white collar offense and come across a file labelled “child porn,” they would be entitled to access this file and the evidence found could be used against the owner of the computer.

If the police do not have a search warrant, they would be allowed to search a person’s computer or hard drive if that person or if the owner of the computer consents to the search. A person’s employer can consent to a search of that person’s work computer. In addition, consent can be given by anyone who reasonably appears to the officer to have the authority to give consent, such as a spouse, roommate or family member. Consent must be given freely and voluntarily. A person’s consent may be called into question when he or she is threatened by the police or if the police falsely tell the person that they have a warrant to search the computer in order to get the person to consent to the search.

In addition, police and customs officials are entitled to search the computer or hard drive of any person who is crossing an international border, regardless of whether the person is a United States citizen or not. The search can be conducted whether or not there is reason to believe that the computer contains evidence of a crime.

In many cases, the police may seize a person’s computer as evidence, but may not search the computer unless they have either a warrant or the owner’s consent. The computer and hard drive may be kept in evidence. The defendant may need to obtain an order from the Court in order to have his or her computer released.

If you have been charged with a crime or have had your work or personal computers seized, it is critical that you speak with a Los Angeles Criminal Defense Attorney right away. Los Angeles Criminal Defense Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly skilled at litigating complex search and seizure issues.

For more information about Los Angeles computer searches, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.


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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
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