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Cybercrime investigations in Pittsburgh can be triggered by a suspicious-looking username or by a nationwide hacking conspiracy. However, if law enforcement thinks a computer, smartphone, or other digital device contains evidence of a crime, it usually needs to get a search warrant before examining it. Your legal rights start to play a critical role in how your case may end before any formal charges are even brought against you.
In most cybercrime investigations, law enforcement officers suspect that someone has committed a crime using some form of technology. The activities that may lead to cybercrime investigations include hacking computer systems without authorization, distributing malware, and conducting online fraud.
Investigators may start by reviewing patterns of internet traffic, intercepting and tracing communications, or relying on tips from email service providers or victims.
Several restrictions from the U.S. Constitution and state and federal privacy laws limit law enforcement powers to examine computers and phones, together with other digital devices, for criminal investigation purposes. To conduct a digital search and to see what information is stored on a device, law enforcement usually needs to obtain a search warrant.
A search warrant, which authorizes a search by a law enforcement officer or federal agent, requires probable cause. Probable cause for a computer or phone search warrant means there is a reasonable basis to believe the device contains evidence of a crime.
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The U.S. Constitution’s Fourth Amendment requires law enforcement to conduct searches and seizures in a reasonable manner. Officers or agents must obtain a warrant based on probable cause before searching a digital device. The following circumstances are among the most common reasons for a search warrant for a computer or phone:
In a computer or cybercrime context, the court has to weigh the individual’s expectations of privacy against the government’s interest in obtaining evidence.
The FBI’s Internet Crime Complaint Center (IC3) recorded 859,532 cybercrime complaints in 2024, reporting over $16.6 billion in losses, which was a 33% increase from the previous year.
Cybercrime investigations and the statutes under which they may be brought are often complex, relying on a mixture of state and federal laws. In the federal system, for example, federal law enforcement may cite the Computer Fraud and Abuse Act (CFAA) or other statutes as a basis for making certain computer-related activities a crime, such as transmission of stolen data or the use of a virus or other malicious software.
In addition to federal cybercrime and computer laws, each state has its own set of criminal laws and rules for the legal standard of proof and the way criminal cases are tried. In Pennsylvania, state statutes criminalize accessing or interfering with computer systems without permission, committing financial fraud electronically, and misusing electronic communications, among other offenses.
The internet age has normalized cybercrime investigations while simultaneously increasing their complexity. You should not have to face the process by yourself if your devices are in question or if you have questions about how warrants and investigations operate. A Pittsburgh cybercrime attorney can evaluate the details of your situation, safeguard your constitutional rights, and explain the legal options available to you.
It is critical to hire a cybercrime lawyer in Pittsburgh if search warrants for electronic evidence are a concern, as the actions taken early on in an investigation often determine what occurs in court later on. A lawyer can help you understand what cybercrime penalties you may be facing and how to overcome them.
Probable cause for a phone search means that police have specific facts that make it reasonable to believe that your phone contains evidence of a crime, such as text messages, call logs, location data, and app activity related to the alleged offense. Suspicion or hunches are not enough. Officers must be able to point to a factual basis that links the device to the suspected criminal activity they are investigating.
A search warrant is a document issued by a judge that authorizes law enforcement to search for and seize digital devices or data specified in the warrant. After a warrant has been granted, investigators can generally use forensic tools to extract files, messages, metadata, or deleted material from a computer or phone.
The Fourth Amendment requires that law enforcement present probable cause to a judge when seeking a search warrant. Probable cause is a statement of facts, supported by an oath or affirmation, that demonstrates a fair probability that evidence of a crime is located at a particular place. The warrant itself must also be specific, and it must describe what can be searched and seized.
The doctrine of the four corners of a search warrant means that a court can only look at the contents of the written affidavit provided to a judge to determine if probable cause exists for the warrant. Officers cannot rely on any outside information or statements to support the warrant or later justify the actions they took. The search warrant becomes invalid if probable cause remains unsupported within the affidavit’s four corners.
If your devices have been searched, a Pittsburgh criminal defense lawyer at Amy B. Levenson Jones PLLC dba Levenson Law Firm can help you in the legal process. Contact us today to begin fighting for your rights.