Prior to the actual examination, digital media will be seized. In criminal cases this will often be performed by [[Law enforcement agency|law enforcement]] personnel trained as technicians to ensure the preservation of evidence. In civil matters it will usually be a company officer, often untrained. Various laws cover the [http://www.duhaime.org/LegalDictionary/S/Seizure.aspx seizure] of material. In criminal matters, law related to [[search warrants]] is applicable. In civil proceedings, the assumption is that a company is able to their own equipment without a warrant, so long as the privacy and human rights of employees are preserved.
