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Court to Tighten Conditions for Search Warrants

Nov 23,1998
The court plans to tighten conditions for search warrants given to the prosecutor's office to aid in their investigations.
According to new guidelines, the prosecutor's office cannot investigate accounts which it does not indicate specifically and it also cannot record or eavesdrop on people who are not deemed suspects. The Seoul district court, recently, held a judges meeting and decided to draft these new guidelines beginning November 23.
If the prosecutor's office does not apply to search certain accounts, the court will not approve a search warrant or admit evidence attained from the illegal search of unspecified or other related accounts.
A source at the court said, 'Judges will examine prosecutor's request carefully. But, the court will still approve search warrants for accounts they feel are connected to an investigation of a serious case or if an account is suspected of being related to money laundrying.'
The court will not approve of any form of electronic eavesdropping on people other than suspects and only on the condition when it is difficult to collect evidence by other means.
In the event that an urgent wiretap is needed and permission is not possible then the prosecutor's must receive approval from the court with in 48 hours, the court stipulated clearly that it will not accept as evidence if the prosecutors subsequently do not receive approval.



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