With the speed at which technological innovation takes place, cyber crimes are ever changing and therefore sometimes the law does not specifically address the crime which an individual may have committed. However, generally speaking the law will address the crimes committed. For example most search and seizure law was decided well before the advent of the internet, however the well settled principals, case law and court rules allow the State to search computers and networks just as it can your home or car:
R. 3:5-2 permits the seizure of “any property.” The Rule provides: A search warrant may be issued to search for and seize any property including documents, books, papers and any other tangible objects, obtained in violation of the penal laws of this State or any other state; or possessed, controlled, designed or intended for use or which has been used in connection with any such violation; or constituting evidence of or tending to show any such violation.
In fact during the course of an investigation it may come to light that a computer is actively being used to commit cyber crimes. In this situation the state may seek a court order for the interception of the wire or electronic communications otherwise known as a “wiretap.” This is governed by the requirements set forth for the interception of wire or electronic communications pursuant to N.J.S.A. 2A:156A-1 et seq.
New Jersey has laws to address stored wire and electronic communications, which may be obtained by law enforcement, via N.J.S.A. 2A:156A-27, this law closely parallels the Stored Wire and Electronic Communications and Transactional Records Access Act 18 U.S.C.A. § 2701 et seq.
Law enforcement is limited in getting access to your Internet Service Providers (ISP) electronically stored information via N.J.S.A. 2A:156A-28, which prohibits the disclosure of the contents of a communication while in electronic storage by a person or entity providing an electronic communication service or remote commuting service to the public. However there are exceptions to this rule! Our Mercer County Cyber Crime attorneys are familiar with these laws, contact us for a free consultation.