INDEX OF SEARCH AND SEIZURE FORMS

By Dennis Nicewander

Assistant State Attorney

17th Judicial Circuit

Broward County, Florida

 

If you would like to download the forms listed below, please email me at .  The forms are intended only for law enforcement.  Please let me know your name and agency and I’ll give you the user name and password  you need to obtain these forms. Click on my little friend below to go the password protected area.

 

The forms in this index are listed by their file names.  All forms are created in Microsoft Word and pressing F11 usually takes you to the places where information needs to be added.

 

Basic Search Warrants:

 

*   Generic Search Warrant Form

*   This is a basic form for search warrants with no special language.

 

*   Generic Search Warrant Application

*   This is a basic form for search warrant affidavits with no special language.

 

*   Search Warrant Form DNA

*      When DNA is needed from a suspect prior to filing charges, we usually obtain it via a search warrant.  This form is tailored to that need.

 

*   Search Warrant Application DNA

*   See above.

 

Computer-Related Search Warrants:

 

*   Comprehensive Computer Affidavit:

*   This is a good form affidavit to give your detective an idea of sample language that ensures the forensic examiner can look about anything he thinks is relevant.  Be careful, however, because much of the language included may not apply to your situation.

 

*   AOL Affidavit:

*   This affidavit addresses search warrants directed to America Online pursuant to F.S. 92.605 effective July 1, 2003.  The affidavit contains language for the judge regarding the fact that he or she can sign a warrant directed to an Internet Service Provider that can be executed via fax or U.S. Mail.

 

*   AOL Warrant to Fax:

*   This is a warrant to America Online pursuant to F.S. 92.605.

 

*   Yahoo Warrant Application:

*   This is an affidavit to Yahoo pursuant to F.S. 92.605.  The affidavit contains language describing the Florida law and the corresponding California law that requires they accept our process.

 

*   Yahoo Search Warrant:

*   This is a warrant to Yahoo pursuant to 92.605.

 

*   FDLE Computer Warrant Affidavit:

*   This is the affidavit recently approved by FDLE for use statewide on computer crimes.

 

*   Narcotics Warrant Particularity Language:

*   This is language from a federal narcotics affidavit that provides good language on how to ensure your affidavit covers authorization to search for electronic evidence.  I got this language out of the Justice Department’s manual on the search and seizure of electronic evidence.  publication.  See www.cybercrime.gov.

 

Other Search Warrant-Related Documents:

 

 

*   AOL Law Enforcement Manual 9-4-2003

*   This is a recently released document by America Online that provides a wealth of information about the evidence they retain and how to get it.

 

*   AOL Check List Form

*   This is a form AOL wants you to fill out when you send a preservation warrant or obtain a warrant for content information.  This needs to be sent at the same time as the warrant or preservation letter.

 

*   92.605 Certification AOL

*   F.S. 92.605 now allows us to introduce business records from Internet Service Providers (and other similar businesses) via an affidavit signed by a records custodian.  This a form for records sent to AOL.

 

*   AOL Agent Letter

*   This letter is not necessary, but can be included when you fax a warrant to AOL’s registered agent in Tallahassee.  You basically should send this letter certified mail with one copy of the warrant and fax the other copy to AOL.  You can find the registered agent at www.sunbiz.org.

 

*   Letter Explaining  F.S. 92.605

*   This is a letter I give to my detective explaining the procedures of the new law.  When someone poses questions about the procedure, the detective can give them a copy of this letter.

 

*   Consent to Search Computer Form

*   Sample consent to search form used by LEACH Taskforce.

 

*   Consent to Search WCCC

*   This is a consent to search form provided by the National White Collar Crime Center.

 

*   Preservation Letter:

*   Both 18 U.S.C 2703(f) and F.S. 934.23(7) authorize a government entity to request an ISP to preserve all of the records of a specific account for 90 days.  This ensures that evidence will not be destroyed while you work on a warrant.  This is a sample letter you can use.

 

*   Search Warrant Check List

*   This is a check list covering the various things to cover when writing a search warrant.  I obtained this form from the National White Collar Crime Center.

 

*   Search Warrant Seal Form

*   This is a basic order sealing the search warrant.  It is only used is special circumstances.

 

Subpoenas and other such forms:

 

*   Subpoena DT AOL.com

*   This a form subpoena for America Online records.  The form can be used for any Internet Service Provider.  The language in the records requested traces the language of 18 U.S.C. 2703.  Everything the federal code authorizes us to obtain via subpoena is listed on the subpoena.

 

*   Subpoena Request AOL:

*   This is a subpoena request form used by the LEACH Task Force.  By correctly filling in the request form, my secretary or I can copy and past the relevant information into the appropriate subpoena form and streamline the process.

 

*   Forensic Deposition Questions

*   Here are some basic questions you can ask a defense computer forensic expert to test his general knowledge.  The answers you get may help your own forensic examiner. 

 

*   Pen Register Trap and Trace Order

*   This is federal trap and trace motion/order I obtained from the DOJ Search and Seizure Manual at www.cybercrime.gov.

 

 

OTHER RESOURCES

 

*   ISP LIST

*   This is a list of contact information for most of the Internet service providers.  When you are trying to find an address or phone number to issue a subpoena, this is a good place to start.  You can click on the “ISP LIST” words above or go to www.forensicsweb.com and click downloads.

 

*   WWW.SUNBIZ.ORG

*   You can go to this site to find out if a corporation is registered to do business in Florida.  This is requirement to take advantage of F.S. 92.605.  If you have problems finding the correct section of the site, try www.sunbiz.org/corpweb/inquiry/cormenu.html.

 

*   Department of Justice Electronic Search and Seizure Manual

*   This is a very comprehensive legal resource regarding the search and seizure of electronic.  It is well-written and has some good forms in the back of the book.  Click on the above link or go to http://www.cybercrime.gov/s&smanual2002.htm to review the manual online or http://www.cybercrime.gov/searching.html#A to download the document in PDF or Word Perfect format.