A warrant is generally required for arrests, or search and seizure. There are, however, valid warrantless arrests or valid warrantless searches and seizures. One exception to the requirement for a search warrant is when the search is conducted pursuant to a valid arrest.
In the case of computer data, a valid arrest does not automatically entitle the law enforcement agencies to search the computer device or computer system. The Rule on Cybercrime Warrants requires that upon acquiring possession of a computer device or computer system via a lawful warrantless arrest, law enforcement authorities shall first apply for a warrant before searching the said computer device or computer system for the purpose of obtaining for forensic examination the computer data contained therein. The warrant is called a Warrant to Examine Computer Data (WECD), provided under the Rule on Cybercrime Warrants issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).
CONTENTS OF APPLICATION
The verified application for a WECD, as well as the supporting affidavits, shall state the following essential facts:
- 1. The probable offense involved;
- 2. Relevance and necessity of the computer data sought to be examined for the purpose of the investigation;
- 3. Names of the individuals or entities whose computer data is sought to be examined, including the names of the individuals or entities who have control, possession or access thereto, if available;
- 4. Particular description of the computer data sought to be examined;
- 5. Place where the examination of computer data is to be enforced, if available;
- 6. Manner or method by which the examination of computer data is to be carried out, if available; and
- 7. Other relevant information that will persuade the court that there is a probable cause to issue a WICD.
In addition, the application shall disclose the circumstances surrounding the lawful acquisition of the computer device or computer system containing the said computer data.
ISSUANCE AND FORM OF WECD
If the judge is satisfied that there is probable cause to believe that the facts upon which the application for WECD exists, he shall issue the WECD, which must be substantially in the form prescribed under the Rule on Cybercrime Warrants.
RETURN ON WECD; INTERCEPTION
The initial and final returns, as well as the period to examine under a WECD, shall be similarly governed by the procedures for Warrants to Search, Seize and Examine Computer Data (WSSECD).
Interception of communications and computer data may be likewise conducted during the implementation of the WECD under the same conditions in a WSSECD.
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