Review of the scope and requirements of the ‘ Actual person subject of seizure’ as a participant in the seizure and search procedure: Whether it is a concept used only in seizure and search by volunta

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Commentary reviews Supreme Court rulings on participation rights in seizure and search procedures involving electronic information.

The Supreme Court's ruling clarifies the criteria for becoming an actual person subject of seizure in electronic information cases.
Precise standards for participation rights remain ambiguous despite several precedents regarding actual person subject of seizure.
The suspect's participation in search and seizure under a warrant is supported by constitutional principles such as the adversary system.
Excessive restriction of the suspect's participation rights may arise from the formal judgments on the ownership of voluntarily submitted electronic information.

Taewon Choi (2025) studied this question.

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