245Use of electronic equipment at premises

245 Use of electronic equipment at premises

(1) The *executing officer or a *person assisting may operate electronic equipment at the *premises to access *data (including data not held at the premises) if he or she believes on reasonable grounds that: (a) the data might constitute *evidential material or might suggest the existence of a *digital asset that may be *seized under a *search warrant; and (b) the equipment can be operated without damaging it.

Note: An executing officer can obtain an order requiring a person with knowledge of a computer or computer system to provide assistance: see section 246.

(2) If the *executing officer or *person assisting believes that any *data accessed by operating the electronic equipment might constitute *evidential material or might suggest the existence of a *digital asset that may be *seized under a *search warrant, he or she may: (a) copy the data to a disk, tape or other similar device brought to the *premises; or (b) if the occupier of the premises agrees in writing—copy the data to a disk, tape or other similar device at the premises; and take the device from the premises. (3) The *executing officer or a *person assisting may do the following things if he or she finds that any *evidential material is accessible using the equipment or finds a thing (whether or not held on the equipment) that suggests the existence of a *digital asset that may be *seized under a *search warrant: (a) seize the equipment and any disk, tape or other similar device; (b) if the material or thing can, by using facilities at the *premises, be put in documentary form—operate the facilities to put the material or thing in that form and seize the documents so produced. (4) The *executing officer or a *person assisting may seize equipment under paragraph (3)(a) only if: (a) it is not practicable to copy the *data as mentioned in subsection (2) or to put the material or thing in documentary form as mentioned in paragraph (3)(b); or (b) possession of the equipment by the occupier could constitute an offence.