1 Search and Surveillance Powers organisers, smart cards, security cards and network communications devices.³ Effective law enforcement requires a legal framework that permits its officers to retrieve information from these devices when appropriate. 7.5 The focus of this chapter is the search of stored data⁴ under law enforcement powers. c hapter 11 is relevant to law enforcement powers involving computers and other data storage devices that result in the real-time interception of communications or information.⁵ 7.6 in this chapter we have specifically considered the powers of police to execute computer searches; however, our proposals extend to other agencies that require adequate powers to search computers in the course of their inve 6 7.7 This chapter is primarily concerned with computer searches conducted under search warrant. There are circumstances in which the police and other agencies are authorised to search without warrant under our proposals.⁷ We have considered whether any additional requirements or criteria should apply before agencies may conduct computer searches when exercising such powers; however, we conclude that the criteria proposed in chapter 5 are sufficiently restrictive to make additional measures unnecessary a warrantless search of a portable data storage device would be permitted only where the device could potentially hold evidential material relating to the offence for which the warrantless power is exercised. The recommendations made in this chapter are therefore intended to apply in the execution of search powers generally, both under warrant and without warrant (except where specifically limited to warrant powers). 7.8 This chapter covers issues that are of significance to searches for intangible data. however, the general recommendations in this report also apply to such searches, subject to any particular comments in this chapter. Summary of recommendations 7.9 This chapter proposes clarifying and amplifying law enforcement powers to search computers and related powers as follows: computer searches to be conducted under the generic search and seizure framework subject to any necessary modifications; statutory authorisation for law enforcement agencies to access and copy intangible data in the exercise of search powers; 3 Rodney McKemmish, above n 1. Examples of network communication devices are routers (devices that facilitate the transmission of data between computer networks) and hubs (devices that facilitate data transmission within a computer network). 4 Besides data storage, another key function of computers is external communication such as email, internet chat sites and more recently, telecommunication. 5 For example, the use of software technology by law enforcement agencies such as key-stroke loggers and other spyware would require a surveillance device warrant. 6 For example, the Serious Fraud Office, thedepartment of internal affairs, the customs Service and the Ministry of Fisheries. 7 For discussion of warrantless powers of search and seizure, refer to chapters 5, 8 and 9.