10 \ Model Law on Computer and Computer Related Crime Part III Procedural Powers Definitions for this Part NOTE: As most jurisdictions already have legislative or common law search powers, the purpose of sections 11 and 12 is to illustrate the amendments necessary to existing powers to ensure that such powers include search and seizure in relation to computer systems and computer data. The example given is of necessary amendments to a sample general search warrant provision but similar amendments would need to be made to all search powers, including powers of search on arrest, search without warrant in exigent circumstances, and plain view seizures The general search warrant provision is provided for illustration and is not intended as a comprehensive model of general search powers. Some options have been included also where there may be differing standards as between countries. These options are bracketed in italics. 11. In this Part: “thing” includes: (a) a computer system or part of a computer system; (b) another computer system, if: i. computer data from that computer system is available to the first computer system being searched; ii. there are reasonable grounds for believing that the computer data sought is stored in the other computer system; and (c) a computer data storage medium. “seize” includes: (a) make and retain a copy of computer data, including by using on-site equipment; (b) render inaccessible, or remove, computer data in the accessed computer system; and (c) take a printout of output of computer data. Search and seizure warrants 12. (1) If a magistrate is satisfied on the basis of [information on oath] [affidavit] that there are reasonable grounds [to suspect] [to believe] that there may be in a place a thing or computer data: (a) that may be material as evidence in proving an offence; or (b) that has been acquired by a person as a result of an offence; the magistrate [may] [shall] issue a warrant authorising a [law enforcement] [police] officer, with such assistance as may be necessary, to enter the place to search and seize the thing or computer data.