Police raids
David Swarbrick
david at swarb.freeuk.com
Mon, 03 Mar 2003 11:36:07 +0000
The police must have the power to remove whatever is required, subject
only to proportionality. A proper investigation of a computer can be
much more complicated than asking what is on teh hard drive.
At the same time, they get it wrong now, becaus they tend to remove
material far beyond what they will ever really look at. The result is
that in many cases, businesses and lives will be ruined on teh off
chance that one day sometime in teh next three years, a budget might be
made available to look at a hard drive to see whether it might contain
evidence of a criminal offence. What happens at the moment is
disproportionate, and effectively dishonest. Officers parade mountains
of computer equipment stacked up awaitiong inspection with teh clear
message that it is all brimming with porn, when in reality they have no
idea what is contained on 99% of the computers they have taken, and
they know they probably will never get round to looking at it.
They should have a clear obligation to provide copies to proper
representatives, subject to clearing up any difficulties where they
consider that this would be putting back into circulation material it
would be unlawful simply to possess.
> > The Police should be required to copy DVD's, CD's and hard drives,
and give
> > the copies to the suspect, _before_ they are allowed to remove
media, if
> > the suspect asks them to.
>
> Right.
If they think the disc contains child porn, they cannot simply leave it
or give back copies.
As always there is a balance to be found. The police haven't found it
yet, by any means.
--
David Swarbrıck david@swarb.freeuk.com
david.swarbrick@lawindexpro.co.uk