Cybercrime Code (2) Where it appears to a Magistrate, by information on oath, that there are reasonable grounds for suspecting that there is, in a private place, a data or thing that may provide evidence of the commission of an offence, he may issue a warrant directing a member of the Police Force named in the warrant, or all members of the Police Force to search the private place and to seize any such data or thing and take it before a Magistrate to be dealt with according to law. (3) A warrant under Subsection (2) must be executed by day unless, by the warrant, the Magistrate specifically authorises it to be executed by night. (4) Any data or thing seized under Subsection (2) may be detained by a Magistrate, and when it is no longer required as evidence, it may be destroyed under an order of a Magistrate. 33. SEARCH POWERS. In addition to the powers under the Search Act (Chapter 341), where a member of the Police Force suspects, on reasonable grounds, that a thing may provide evidence of the commission of an offence, he may, in executing a warrant, exercise the following powers: (a) operate the electronic system or device, or direct an occupant of the private place to operate the electronic system or device in order to determine whether it contains data or a thing that (6) (c) (d) (e) could be seized; copy the data or thing that could be seized to a storage device and take the storage device from the place; or copy the data or thing that could be seized in documentary form and seize the produced documents; (g) 34. or move any electronic system or device, or thing, at the place subject of the search, to another place for examination in order to determine whether it contains data that could be seized if (i) it is significantly more practicable to do so having regard to the task it will take to copy the data and the availability of the technical expertise that will be required to (ii) (f) or operate the electronic system or device, or direct an occupant of the private place to operate the electronic system or device to access data (including data stored on a separate storage device or data not held at the private place) or thing if the member of the Police Force believes, on reasonable grounds, that the data or thing might be data or thing that could be seized; or do so; and there are reasonable grounds to suspect that the electronic system or device, or thing contains data that could be seized; or do anything reasonably necessary to prevent loss, destruction or damage to anything connected with the offence; or use other members of the Police Force or other persons authorised under the warrant as reasonably necessary for the search. ASSISTANCE. A member of the Police Force may, upon production of a search warrant obtained under Sections 32 and 33, require a person who is not a suspect of an offence but is in possession or control of an electronic system or device, data or thing that is reasonably required for the purposes of an investigation or proceeding, to enable and assist him, if required, to — (a) (b) (c) (d) access obtain use an obtain and use an electronic system or device, data or thing: or and copy data; or electronic system or device, or thing to make copies; or an output from an electronic system or device, or thing in a format that can be read. -20-

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents