Compulsory measures to collect digital data in criminal investigation

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K03166
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Criminal law
• Research Institution: Hitotsubashi University
• Principal Investigator: MIDORI Daisuke 一橋大学, 大学院法学研究科, 准教授 (50389053)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: 強制処分法定主義 / 令状主義 / 法治主義 / 情報プライバシー

Outline of Final Research Achievements

I studied the significance and the limitations of warrant requirement, and also researched rule of law through examinating surveillance-type investigation.
For example, the U.S. Supreme Court ruled that police conducting a lawful search incident to arrest must generally obtain a warrant before searching information stored on a cell phone. This ruling has the following implications. First, the notion that officer safety and the preservation of evidence are the reasons for allowing a warrantless search of the person of the arrestee, as well as a search of the scene of the arrest. Secondly, warrant requirements can protect privacy stored on a cell phone because of requirements that can narrow the scope of the search and the type of information that might be gathered. Thirdly, limitations on how long the government may retain information and the filtering agent (or devices which have a filtering algorithm) are useful.

Free Research Field

刑事訴訟法