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Supreme Court Order 2020Mo735 Dated June 30, 2022 【Reappeal Against Decision Partially Upholding Quasi-Appeal Against Ruling Disapproving Temporary Return of Seized Articles】

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by davidlaw 2023. 12. 16. 11:33

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【Main Issues and Holdings】
Whether electronic information stored in remote servers should be separately specified in “articles to be seized” entered in a search and seizure warrant for an investigative agency to seize and search electronic information stored in servers in distant places except for electronic information stored in data processing devices including computers, etc. in “places to be searched” contained in a search and seizure warrant (affirmative)
Where electronic information stored in data processing devices including computers, etc. is merely entered in “articles to be seized” entered in a search and seizure warrant, whether electronic information stored in servers in distant places may be seized by using data processing devices including computers, etc. (negative) 【Main Issues and Holdings】
Whether electronic information stored in remote servers should be separately specified in “articles to be seized” entered in a search and seizure warrant for an investigative agency to seize and search electronic information stored in servers in distant places except for electronic information stored in data processing devices including computers, etc. in “places to be searched” contained in a search and seizure warrant (affirmative)
Where electronic information stored in data processing devices including computers, etc. is merely entered in “articles to be seized” entered in a search and seizure warrant, whether electronic information stored in servers in distant places may be seized by using data processing devices including computers, etc. (negative)

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