[Exclusive] Need to Establish 'Mobile Phone Seizure Search Warrants'... Discussion at Warrant-Dedicated Judges Meeting

"Separate Search Warrants Needed for Electronic Information Seizure"... Must Specify Timing and Content of Phone Calls to Be Seized
Warrant Judges: "Courts Should Control to Prevent Seizing Entire Mobile Phone Devices"

At a meeting attended by warrant judges from courts across the country, the opinion was raised that a separate search and seizure warrant should be created and reviewed specifically for mobile phones.

The Court Administration Office held an "Online Meeting of Warrant Judges for Practical Discussions on Search and Seizure Warrants" on the 1st, attended by warrant judges from courts nationwide.

The warrant judges attending the meeting discussed the problems arising when investigative agencies such as the prosecution and police conduct search and seizure of electronic information contained in mobile phones and other devices, and explored possible solutions.

The warrant judges focused on the issue of investigative agencies requesting warrants by listing only "mobile phone" as the target of search and seizure. Currently, investigative agencies specify a period for warrants related to financial accounts and request search and seizure warrants only for records within that period. In contrast, for mobile phones, they request warrants for the entire device without specifying the call period or content.

The warrant judges reportedly reached a consensus on the need for judicial control over the search and seizure of electronic information such as mobile phone call contents and text message records. In particular, there was agreement among the judges on introducing a new "search and seizure warrant for electronic information," whereby investigative agencies would specify the period and content of call records and text messages when applying for search and seizure related to mobile phones.

This measure aims to require the prosecution or police to clearly specify the time frame and scope of calls or messages they intend to secure by seizing the suspect’s mobile phone when requesting a search and seizure warrant. To this end, it was proposed that a dedicated warrant form for mobile phone search and seizure be established.

One warrant judge who attended the meeting said, "Having your mobile phone seized is like handing over your entire house," adding, "A house search and seizure ends after a day, but with a mobile phone, it’s like endlessly rummaging through your house during the investigation," and "It seems that mobile phones are the only blind spot in the current search and seizure system."

Meanwhile, the Supreme Court had previously announced a draft amendment to the Criminal Procedure Rules that would allow judges to conduct face-to-face questioning of parties involved in a case before issuing a search and seizure warrant. In response, investigative agencies such as the prosecution, police, and the Corruption Investigation Office for High-ranking Officials expressed opposition, citing concerns that it could compromise the confidentiality of investigations.

This content was produced with the assistance of AI translation services.