Moriarty Paetzold & Sherwood

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Digital Evidence Collection: Best Practices and Legal ChallengesIn digital forensics, any interaction with a device can ...
06/27/2019

Digital Evidence Collection: Best Practices and Legal Challenges

In digital forensics, any interaction with a device can alter its contents, so any part of the process that is not carefully and properly documented can be a point where reasonable doubt is emphasized. Adhering to the best practices process guides the defense in evaluating how the digital evidence was handled.

The collection and examination of digital evidence should be conducted in accordance with the best practices and a quality management system. The prevailing governing standards and best practices are set forth by The Scientific Working Group of Digital Evidence (SWGDE) and The National Institute of Justice (NIJ). These guides establish recommendations for how defense investigators should handle digital evidence.

Additionally, early case assessment of digital evidence that uses a standardized method that focuses on the time-sensitive nature of digital evidence ensures that the criminal defense team follows best practice guidelines. For additional information see IRIS LLC Digital Evidence Case Assessment Method http://bit.ly/2Nf8pS4 and Digital Evidence Innocence Initiative http://bit.ly/2X2k5LD and Law Offices of Moriarty, Paetzold & Sherwood http://bit.ly/2ZPJKoz

Ways to Challenge a Digital Forensic Examiners ExpertiseWhile digital forensic experts should be involved as early as po...
06/27/2019

Ways to Challenge a Digital Forensic Examiners Expertise

While digital forensic experts should be involved as early as possible, their involvement should go beyond examining digital evidence or evaluating evidence collected by law enforcement. Using digital experts at trial can provide technical guidance in cross examination of prosecution experts. Experts should also be used to evaluate the state’s crime lab’s adherence to the ISO Quality System requirements. These standards rely heavily on documentation and allow a greater understanding of what happened with the evidence after it was collected. Bench notes, examiner proficiency reports and quality audit reports are just a few of the documents that should be obtained and examined by defense experts. The knowledge gained will enhance the defense’s ability to evaluate how the evidence was handled by laboratory personnel. For additional information see Digital Evidence Innocence Initiative http://bit.ly/2X2k5LD and IRIS LLC Digital Evidence Case Assessment Method http://bit.ly/2Nf8pS4 Law Offices of Moriarty, Paetzold & Sherwood http://bit.ly/2ZPJKoz

Digital Evidence Discovery: Making Sure What You Request and What You Receive Are IdenticalCurrently, there are no compr...
06/27/2019

Digital Evidence Discovery: Making Sure What You Request and What You Receive Are Identical

Currently, there are no comprehensive electronic discovery rules separate and apart from general discovery requirements in criminal defense cases. Some legal scholars suggest the existing civil rules in many jurisdictions as they relate to e‐discovery as models to follow in criminal defense cases, but these civil rules are also not uniformly adopted. Accordingly, discovery rules in both civil and criminal matters need to be updated and/or rewritten to reflect the prevalence of ordinary digital evidence in the majority of criminal defense cases. In jurisdictions where discovery production is not an issue, the large amounts of digital evidence data that gets dumped on the defense often becomes overwhelming. Not only can the digital evidence correspond to thousands of documents with correlating metadata, making the data set extremely large, it can also be in multiple formats, requiring the criminal defense team to have the resources and expertise to access the data.

Read more http://bit.ly/2X8KzHg see also IRIS LLC Digital Evidence Case Assessment Method and IRIS LLC Cellebrite Report Quick Start Guide http://bit.ly/2Nf8pS4, Digital Evidence Innocence Initiative http://bit.ly/2wimse8, Law Offices of Moriarty, Paetzold & Sherwood http://bit.ly/2ZPJKoz

Legal Challenges to Digital Evidence Collection: Is the Forensics Examiner Able to Produce All of the Process Documentat...
06/27/2019

Legal Challenges to Digital Evidence Collection: Is the Forensics Examiner Able to Produce All of the Process Documentation for Trial?

Whichever forensic method is used to extract digital evidence, the forensic examiner must document every step of the process in preparation for possible legal challenges in criminal defense cases. If documentation is missing, cross-examination by the Public Defender can reveal flaws in the extraction process. The forensic examiner should be able to confirm that the forensic equipment that was used was properly functioning and that the software they use has been validated. Also, the Public Defender should ask the forensic examiner for verification that the target media contained no information before the forensic copy or forensic evidence file was placed onto the target media. If this documentation does not exist, the examiner cannot be certain that the suspect material came from the defendant’s digital device.

For Additional Information: Digital Evidence Innocence Initiative White Paper http://bit.ly/2wimse8 and IRIS LLC Digital Evidence Case Assessment Method http://bit.ly/2JYiEqz Law Offices of Moriarty, Paetzold & Sherwood http://bit.ly/2ZPJKoz

Using Hash Value to Verify Digital Evidence: Hash Values Are Fingerprints For Digital Files.Hash values are a useful too...
06/27/2019

Using Hash Value to Verify Digital Evidence: Hash Values Are Fingerprints For Digital Files.

Hash values are a useful tool for assisting Public Defenders in the authentication of digital evidence for criminal defense cases. Hash values are also useful for verifying the integrity of data sent through insecure channels. A hash value is an alpha-numeric value of a fixed length that uniquely identifies data. Think of a hash value as an evidence seal for your digital evidence. Just like if the evidence seal is broken, if the original file is changed or modified it will no longer have the same hash value, and it will show that the file has been altered and the digital evidence is no longer authentic.

Additional Information Digital Evidence Innocence Initiative White Paper http://bit.ly/2wimse8 and IRIS LLC Digital Evidence Case Assessment Method http://bit.ly/2JYiEqz Law Offices of Moriarty, Paetzold & Sherwood http://bit.ly/2ZPJKoz

06/27/2019

Search Warrants for Digital Forensics: What to Request and What is Covered?

The search warrant for a device in a digital forensics case must be specific as to the digital data which is being sought. For example, if a search warrant for digital evidence covers e-mail messages, but the forensics examiner also uncovers items from the users photo library, those items might not be covered by the search warrant. A search warrant affidavit must include a reason it is suspected that the device contains digital evidence. The officer stating that “in their experience” certain crimes involve phones is usually not specific enough to support a mobile phone warrant. Also, keeping forensic images of hard drives for later use is considered outside the scope of the original warrant. (See U.S. v. Ganias, 755 F.3d 125 (2d Cir. 2014)). Some warrants might be specific regarding the destruction of a device after it has been searched.

For more information IRIS LLC Digital Evidence Case Assessment Method http://bit.ly/2JYiEqz and Digital Evidence Innocence Initiative http://bit.ly/2wimse8 Law Offices of Moriarty, Paetzold & Sherwood http://bit.ly/2ZPJKoz

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