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Assessing digital & AI evidence in warrant applications

By TRI/NCSC AI Policy Consortium for Law & Courts

Who should read this

  • Judges (including magistrates, commissioners, and judicial officers) who review and rule on warrant applications, especially in emergency or ex parte contexts
  • Judicial support staff who assist in the processing and review of warrant applications
  • Law enforcement personnel and prosecutors seeking warrants, to understand the judicial expectations for evidence presentation, particularly regarding digital and AI-generated information

Why this guidance matters

Applications for warrants often demand rapid decisions. While speed is critical in emergency matters, the significant impact these orders have on an individual's liberty, safety, and due process rights necessitates a rigorous assessment of the information and evidence presented to the court. The proliferation of digital information, automated systems, and AI-powered tools (e.g., facial recognition software) further complicates this assessment, requiring heightened scrutiny to prevent errors and ensure the proper administration of justice. This bench card offers guidance on evaluating the reliability, sufficiency, and source of the information presented in emergency situations. 

Download the bench card

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