Analysis of recent case law trends regarding search and seizure
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Description
Book Introduction
Today, investigative agencies are focusing on search and seizure to secure physical evidence rather than confessions, especially electronic evidence containing a large amount of sensitive information.
Accordingly, the importance of compliance with due process is increasing, and specific standards for permission are being established by case law.
At the forefront of these changes, Gwangjang Criminal Group, a leading law firm in South Korea, has compiled into a book the results of its extensive experience responding to search and seizure cases and the research on case law it has accumulated for internal training.
The authors have played a significant role in creating case law in favor of the accused through quasi-appeals and trials.
This book deeply analyzes the recent trends in Supreme Court precedents, which have increasingly emphasized the tension between "discovery of substantive truth" and "compliance with due process."
We have systematically organized the core issues that are most problematic in practice, such as the criteria for determining the connection between the warrant charges and seized items, the requirements for the search and seizure of electronic information such as remote servers, whether to recognize the admissibility of evidence in case of procedural violations such as failure to guarantee the right to participate, and the scope of permissible re-seizure and search.
This book will provide the most accurate and timely guidance not only to lawyers who treat search and seizure scenes as "battlefields without gunfire," but also to all those involved in investigative practice.
Accordingly, the importance of compliance with due process is increasing, and specific standards for permission are being established by case law.
At the forefront of these changes, Gwangjang Criminal Group, a leading law firm in South Korea, has compiled into a book the results of its extensive experience responding to search and seizure cases and the research on case law it has accumulated for internal training.
The authors have played a significant role in creating case law in favor of the accused through quasi-appeals and trials.
This book deeply analyzes the recent trends in Supreme Court precedents, which have increasingly emphasized the tension between "discovery of substantive truth" and "compliance with due process."
We have systematically organized the core issues that are most problematic in practice, such as the criteria for determining the connection between the warrant charges and seized items, the requirements for the search and seizure of electronic information such as remote servers, whether to recognize the admissibility of evidence in case of procedural violations such as failure to guarantee the right to participate, and the scope of permissible re-seizure and search.
This book will provide the most accurate and timely guidance not only to lawyers who treat search and seizure scenes as "battlefields without gunfire," but also to all those involved in investigative practice.
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index
Ⅰ.
Analysis of recent Supreme Court precedents related to search and seizure / 9
Ⅱ.
Permissible scope of search and seizure under a search and seizure warrant / 25
1. Regarding the criteria for determining the relationship between the facts of the case described in the search and seizure warrant and the seized items
Supreme Court Case Trends / 27
2. Limitations of Evidence Collection Under the Plain View Principle under U.S. Law in Search and Seizure Procedures / 39
Ⅲ.
Whether search and seizure is permitted / 51
1. Whether the media on which electronic information is stored can be seized / 53
2. Requirements for Search and Seizure of Electronic Information Stored Remotely / 63
3. The electronic information imaging files seized in the preceding case are used in the subsequent case.
Whether or not to recognize the admissibility of evidence when it is searched and used as evidence of guilt / 76
Ⅳ.
Whether or not evidence is admissible when search and seizure procedures are violated / 83
1. Whether or not evidence is admissible in cases where a search and seizure warrant is not presented / 85
2. Whether the evidence of seized items is admissible when a copy of the search and seizure warrant is presented / 95
3. When the right to participate in the search and seizure procedure is not guaranteed
Whether or not seized items can be used as evidence / 103
4. In the process of searching and extracting electronic information from the confiscated mobile phone
Whether electronic information can be recognized as evidence when the right to actual participation is not guaranteed / 111
5. Whether the right to participate in the search and seizure process is recognized as a holder of substantive information / 120
6. If a third party copies another person's electronic information and submits it arbitrarily.
Whether the original owner of the information is granted the right to participate in the search and seizure procedure / 130
7. The Legality of Keyword Selection and the Permissible Scope of Guaranteeing Participation Rights for Parties Subject to Search and Seizure / 139
8. No restrictions on participation and relevance in the search and seizure of oily property / 155
9. Whether the evidentiary capacity is recognized when the procedure for issuing the seizure list is violated / 162
V.
Whether or not the evidence of search and seizure is admissible / 171
1. Whether re-execution of a search and seizure warrant is permitted within the validity period / 173
2. After the execution of the search and seizure warrant is completed, another search and seizure warrant is issued.
Whether a search and seizure is possible / 183
3. Failure to fulfill the obligation to destroy unselected data after the execution of the search and seizure warrant is completed.
Whether a new search and seizure warrant will cure the defect / 192
4. Whether the seizure procedure is illegal in cases where the original seized item is not returned for a long period of time / 205
Ⅵ.
Other Issues Related to Search and Seizure / 215
1. Whether evidence submitted in violation of the Personal Information Protection Act is admissible / 217
2. Evidence illegally collected by a person who has committed an offence may be used as evidence in a criminal trial.
Whether it can be used / 224
3. Footage taken by investigative agencies at a crime scene without a search and seizure warrant
Whether or not the evidence is admissible / 232
4. Illegality of Private Participation in the Execution of Search and Seizure Warrants / 240
5. Whether it is possible to request cancellation of the disposition of seized items through a quasi-appeal after indictment / 246
Analysis of recent Supreme Court precedents related to search and seizure / 9
Ⅱ.
Permissible scope of search and seizure under a search and seizure warrant / 25
1. Regarding the criteria for determining the relationship between the facts of the case described in the search and seizure warrant and the seized items
Supreme Court Case Trends / 27
2. Limitations of Evidence Collection Under the Plain View Principle under U.S. Law in Search and Seizure Procedures / 39
Ⅲ.
Whether search and seizure is permitted / 51
1. Whether the media on which electronic information is stored can be seized / 53
2. Requirements for Search and Seizure of Electronic Information Stored Remotely / 63
3. The electronic information imaging files seized in the preceding case are used in the subsequent case.
Whether or not to recognize the admissibility of evidence when it is searched and used as evidence of guilt / 76
Ⅳ.
Whether or not evidence is admissible when search and seizure procedures are violated / 83
1. Whether or not evidence is admissible in cases where a search and seizure warrant is not presented / 85
2. Whether the evidence of seized items is admissible when a copy of the search and seizure warrant is presented / 95
3. When the right to participate in the search and seizure procedure is not guaranteed
Whether or not seized items can be used as evidence / 103
4. In the process of searching and extracting electronic information from the confiscated mobile phone
Whether electronic information can be recognized as evidence when the right to actual participation is not guaranteed / 111
5. Whether the right to participate in the search and seizure process is recognized as a holder of substantive information / 120
6. If a third party copies another person's electronic information and submits it arbitrarily.
Whether the original owner of the information is granted the right to participate in the search and seizure procedure / 130
7. The Legality of Keyword Selection and the Permissible Scope of Guaranteeing Participation Rights for Parties Subject to Search and Seizure / 139
8. No restrictions on participation and relevance in the search and seizure of oily property / 155
9. Whether the evidentiary capacity is recognized when the procedure for issuing the seizure list is violated / 162
V.
Whether or not the evidence of search and seizure is admissible / 171
1. Whether re-execution of a search and seizure warrant is permitted within the validity period / 173
2. After the execution of the search and seizure warrant is completed, another search and seizure warrant is issued.
Whether a search and seizure is possible / 183
3. Failure to fulfill the obligation to destroy unselected data after the execution of the search and seizure warrant is completed.
Whether a new search and seizure warrant will cure the defect / 192
4. Whether the seizure procedure is illegal in cases where the original seized item is not returned for a long period of time / 205
Ⅵ.
Other Issues Related to Search and Seizure / 215
1. Whether evidence submitted in violation of the Personal Information Protection Act is admissible / 217
2. Evidence illegally collected by a person who has committed an offence may be used as evidence in a criminal trial.
Whether it can be used / 224
3. Footage taken by investigative agencies at a crime scene without a search and seizure warrant
Whether or not the evidence is admissible / 232
4. Illegality of Private Participation in the Execution of Search and Seizure Warrants / 240
5. Whether it is possible to request cancellation of the disposition of seized items through a quasi-appeal after indictment / 246
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GOODS SPECIFICS
- Date of issue: September 19, 2025
- Page count, weight, size: 249 pages | 182*257*20mm
- ISBN13: 9791159190506
- ISBN10: 115919050X
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