Question

You are in charge of a narcotics investigative team. During the execution of a search warrant, your team recovers 2 computers and 3 cell phones. You have already established an electronics recovery team, consisting of 2 investigators, and one evidence technician. They are new at their jobs. You must give them specific instructions on how to gather and preserve this evidence. What instructions would you give? The response to this essay is based on admissibility and viability of the evidence you gather.

Answer 1

To preserve the admissibility and viability of digital evidence, ensure a proper search warrant is in place, document devices' conditions, maintain chain of custody, create forensic images, secure the copies, keep detailed logs, and uphold data confidentiality.

Step-by-step explanation:

To ensure the admissibility and viability of digital evidence from the 2 computers and 3 cell phones your electronics recovery team has recovered, issue the following instructions:

1. Adhere strictly to the legal requirement set forth by Riley v. California, confirming that a proper search warrant is in place before conducting searches of digital information on the devices.
2. Document the physical condition of all devices upon receipt, noting any damages or signs of tampering that may impact the integrity of the data.
3. Follow the principle of chain of custody meticulously, recording who collects, handles, or examines the evidence, along with dates and times.
4. Utilize specialized digital forensic software to create exact bit-by-bit copies (also known as forensic images) of the devices' storage media, ensuring that the original data remains unaltered.
5. Preserve the forensic copies in a secure, tamper-proof environment to prevent unauthorized access.
6. Maintain a detailed log of all investigative actions taken, including documentation of the processes used for data recovery and analysis.
7. Ensure all team members understand the importance of maintaining the security and confidentiality of personal data, in accordance with legal standards and privacy laws.

These steps will help maintain the integrity of the evidence for potential use in legal proceedings.