Securing Digital Evidence 1

Procedures for Securing Digital Evidence

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According to the National Institute of Justice, digital evidence is “is information stored or transmitted in binary form that may be relied on in court” (Digital Evidence and Forensics, n.d.). There are various pieces of technology where digital evidence can be found including computers, mobile phones, digital cameras, CDs, thumb drives, memory cards and more. Digital evidence is usually evidence that is associated with criminal investigations and is commonly called e-crime. Recently with so much white-collar crime law enforcement is using digital evidence to prosecute many other crimes. Computer forensics is a branch of forensic science dedicated to “uncovering and interpreting electronic data” (Digital Forensics, n.d.). While digital forensics is a fairly new investigatory method, there are concerns regarding the proper preservation of evidence. It is therefore necessary to have procedures in place which will assure, as much as possible, that any digital evidence is not degraded due to improper handling.

Proper procedures involve chain of command, moving the evidence, securing the digital evidence from harm, and storing the evidence in a temperature controlled environment. Beginning with the legal authority to seize the evidence to securing and documenting the scene to using appropriate special protective apparatus, those who handle the digital evidence must be properly trained.

Additional thoughts on packaging would be to package phones in signal blocking material to prevent data messages from being sent or received, thus contaminating the information on the device. Be sure to include all power cords and adapters for the devices that are taken.

While all procedures are essential to securing digital evidence, the highest priority for is to follow the Fourth Amendment regarding search and seizure. Priorities for handling the evidence continue with maintaining the power to the devices because if the battery is allowed to run down, evidence can be lost. Certain conditions for storage and handling are next in priority because the devices that store the evidence are sensitive to “extreme temperatures, humidity, physical shock, static electricity, and magnetic fields” (Electronic Crime Scene Investigation, 2008). Next is packaging and transporting the evidence. Before packaging it, it needs to be thoroughly documented from labeling to video recording the scene.


References

Digital Evidence and Forensics. (n.d.). Retrieved from https://www.nij.gov/topics/forensics/evidence/digital/Pages/welcome.aspx

Digital Forensics. (n.d.). Found at the techopedia website. Retrieved from https://www.techopedia.com/definition/27805/digital-forensics

Electronic Crime Scene Investigation: A Guide for First Responders, Second Edition (2008). Retrieved from http://www.nij.gov/publications/ecrime-guide-219941/Pages/welcome.aspx