Legal Process
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Digital Evidence: Secure in Your Papers?
November 6, 2009 5:10 am | by Joseph Burton | Articles | CommentsThe execution of search warrants is in the digital press again. The Plain View Doctrine allows for the seizure of evidence without a search warrant generally because of the nature of the evidence. Two court rulings are of interest when it comes to being secure in our papers and property.
Plain View Doctrine in Digital Evidence Cases—A Common Sense Approach
October 23, 2009 6:10 am | by Larry E. Daniel | Articles | CommentsFor some time now, various authors have suggested eliminating plain view from searches of computer hard drives and other digital evidence. The real issue with plain view in computer searches is a misunderstanding of what a computer search is versus the forensic examination of a computer hard drive.
To Seek or Not to Seek a Warrant
August 21, 2009 6:10 am | by John J. Barbara | Articles | CommentsIn a real case scenario, investigators seized a laptop computer from a crime scene. After creating a forensic image of the hard drive, the examiner discovered hundreds of pornographic pictures and movies depicting underage children. He then exported all the incriminating data and the subject was charged with possession of child pornography. Is the search of the computer’s hard drive legal? Will the child pornography be admissible at the time of trial?
Search Warrants and Digital Evidence
July 31, 2009 6:10 am | by John J. Barbara | Articles | CommentsPertaining to the seizure of digital devices, there is some misunderstanding concerning what “executing the warrant” actually means. This case scenario examines the technicalities of serving a search warrant when dealing with digital evidence. At what point do you need a new warrant to search further on a computer?
Supreme Court Ruling Requires Computer Forensics Analysts’ Live Testimony
July 10, 2009 6:10 am | Articles | CommentsA recent Supreme Court ruling places computer forensics under the scope of Court’s requirement for live testimony by forensic analysts. Although this controversial 5 to 4 decision was well-debated and resolved on constitutional grounds, the ramifications may include increased burdens placed on already over-taxed cybercrime labs.
Digital Evidence Accreditation: Part 2
December 1, 2008 5:10 am | by John J. Barbara | Articles | CommentsThe Digital Evidence discipline became part of the American Society of Crime Laboratory Directors/Laboratory Accreditation Board’s (ASCLD/LAB) accreditation program in April 2003.
The Hash Algorithm Dilemma–Hash Value Collisions
December 1, 2008 12:00 am | by Don L. Lewis | Articles | CommentsDigital Evidence, like any other type of evidence, requires identification, collection, a chain of custody, examination/analysis, and finally authentication in court during presentation to the trier of fact.
