search and seizure of electronic evidence: OUR EXPERTISE
OUR EXPERience
GP Bouwer is a leading expert in the search and seizure of electronic evidence. From a legal and investigative perspective we have more than 20 years experience in the search and seizure of evidence and specifically electronic evidence. Gideon first started investigating cyber crime in 2003.
GP Bouwer attained 13 years experience as a SAPS detective in the search and seizure of electronic evidence. This experience entailed the application of search warrants, section 205 applications, gathering of evidence, the search and seizure of electronic evidence and giving of evidence pertaining to his investigations.
qualifications
GP Bouwer holds a masters degree in information technology law and is published on the search and seizure of electronic evidence in the South African Journal of Criminal Justice (SACJ):
Gideon is also referred to in Juta - Commentary on the Criminal Procedure Act (Du Toit); Search and seizure of electronic evidence (RS 55, 2015 ch2-p13).
search and seizure of electronic evidence: Unlawful Warrants Issued
GP Bouwer attorneys specialises in the legal aspects of search warrants issued under chapter two of The Criminal Procedure Act 51 of 1977 (CPA) relating to the search and seizure of electronic evidence.
The CPA and the legal principles underlying the search and seizure of evidence was written at a time when the internet, electronic evidence and the search and seizure of electronic evidence had not yet been conceived. This fact has made chapter two of the CPA a very inadequate and uncertain instrument in facilitating the issuing of properly formulated warrants for the search and seizure of electronic evidence.
search and seizure of electronic evidence: Unlawful execution of warrants
The unlawful execution of a search and seizure warrant is commonly mistaken and or grouped together with the unlawful issuing of a search and seizure warrant. Different legal rules and procedures apply with regards the issuing and subsequent execution of a search and seizure warrant.
GP Bouwer attorneys are experts in the analysis and identification of what procedure in law was not applied correctly and consequently on what basis an illegal search and seizure warrant must be challenged on.
search and seizure of electronic evidence: Anton Piller order
In contrast to search warrants issued under chapter two of The Criminal Procedure Act 51 of 1977 (CPA), an Anton Pillar order is based on common law and is derived from English law. It is a civil remedy whereby an applicant makes an application to a court for the search and seizure of a document or article to which they have a prima facie personal or real right to, with the intention to preserve evidence.
The search for and the subsequent seizure of electronic evidence plays a dominant role in the modern day application and execution of Anton Pillar orders. GP Bouwer attorneys are experts in the lawful application and execution of Anton Pillar orders which includes or pertains to electronic evidence.
