1887

n South African Journal of Criminal Justice - The legal challenges of search and seizure of electronic evidence in South African criminal procedure : a comparative analysis

Volume 25, Issue 2
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Abstract

The development of search and seizure of electronic evidence powers are amongst the most controversial issues to confront the criminal justice system, the studies of criminal procedure and modern policing. Most of the consequences of search and seizure of electronic evidence impact on and challenge the traditional laws governing criminal investigations and criminal justice. This article considers the suitability of South African laws to address the challenges posed by the search and seizure of electronic evidence. This article also examines the piecemeal powers that exist in relation to search and seizure of electronic evidence in South Africa and compares them with a more principled and integrated approach advocated by the Convention on Cybercrime. Further this article challenges the orthodox concept of search and seizure of electronic evidence in the context of criminal justice.

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/content/ju_sajcj/25/2/EJC127879
2012-01-01
2016-12-09

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