Digital Evidence

This fourth in a series of guides on digital (computer-related) evidence is addressed to law enforcement officers and prosecutors, as it focuses on key issues in the collection, management, preparation, and courtroom presentation of digital evidence.

This guide contains addresses and phone/fax numbers for the legal departments/subpoena compliance centers of cellular providers and social media sites. Please be aware of 2014 Formal Ethics Opinion 7 when issuing subpoenas. John Rubin’s 2017 blog post on subpoenaing-of-state materials is available here. Email Sarah Rackley Olson if you have any corrections or updated information for the subpoena guide.

National Institute of Justice’s recommendations for how law enforcement and crime scene investigators should handle digital evidence. Evidence on cell phones or computers can be changed or destroyed if proper techniques are not used to forensically analyze the data. This guide may be used to cross examine law enforcement officers who did not follow the recommendations for handling this type of evidence.

This guide, prepared by Larry Daniel, provides information on the collection, preservation, and authentication of Facebook evidence from a digital forensics perspective.

Larry Daniel addresses common issues with child pornography cases in this guide. Topics include what information an expert will need and what services an expert may be able to provide. Daniel provides an explanation of technical terms commonly used in these cases.

NIST has published these guidelines that establishes methods for preserving and processing digital information on mobile devices.

See pp. 179-182 for the National Research Counsel’s evaluation of Digital and Multimedia Analysis.

by Aaron Blank, XVIII RICH. J.L. & TECH. 3 (2011). Discusses how a cellular network works, how a cell phone tracks its location, limitations on cell site data as a tracking method, admissibility of cell site data, and constitutional implications for seizure of cell site data. Provides practical suggestions concerning admission and exclusion of this evidence.

The Computer Crime and Intellectual Property Section of the U.S. Department of Justice gathered information about the retention periods for call details, cell tower information, text message content, pictures, and other types of data. This information has been posted online by the ACLU.

The Electronic Frontier Foundation received a number of guides regarding information that is maintained by various social networking sites and how to request that information. The guides are posted on their website, under the “documents” tab, scroll down to Social Media Law Enforcement Guides.

The NACDL Fourth Amendment Center has authored a Compelled Decryption Primer to help attorneys litigate the issue of whether law enforcement can compel a suspect to unlock or decrypt a device. The Fourth Amendment requires law enforcement to get a warrant to search a cell phone, even incident to arrest. Riley v. California, 573 U.S. …

Attorneys frequently ask me questions about facial recognition software and about new surveillance technologies. NACDL is offering training programs on each of these topics. On September 18, 2018, from 11:00 am to 12:30 pm, NACDL will host a free webinar about the practices, risks, and limitations of emerging facial recognition technology. With an increasing number …

NACDL’s Fourth Amendment Center now offers direct assistance to defense lawyers handling cases involving new technologies and tactics that may infringe on privacy rights of Americans. The Center’s staff is available to help members of the defense bar in bringing new Fourth Amendment challenges, providing a range of support from training and resources to expert …

The NC Office of Indigent Defense Services will offer a series of free presentations on digital evidence that are designed to enhance the knowledge of criminal defense attorneys. Available for CLE credit, these programs will occur at lunchtime in various locations around central North Carolina. Participants receiving CLE credit will be billed $3.50 per credit …

With a focus on Fourth Amendment concerns, the National Association of Criminal Defense Lawyers (NACDL) recently began a series of surveillance primers. The first primers in the series provide information on Automated License Plate Readers, Cell Phone Location Tracking, and Cell Site Simulators. NACDL will periodically release more primers on surveillance technologies. These documents are …

The Florida Supreme Court recently issued an opinion holding that the Fourth Amendment protections apply to real time cell site location information. The court distinguishes real-time cell site location records from historical data, emphasizing that historical cell site location records are not at issue in this case. This real time location surveillance is done with …

Law enforcement agencies nationwide have been secretly using IMSI (international mobile subscriber identity) catchers to track suspects through their cell phones. Typically this surveillance occurs without a warrant or court order. Also called “Stingray,” this device tracks cell phones using the radiofrequency signals radiating from the phone. The device is a shoebox-sized receptor that mimics …

With the recent U.S. Supreme Court decision Riley v. California, the topic of cell phone forensics is on the mind of many attorneys. Cell tower location tracking is a related area where investigators gather information about a cell phone’s location using data from cellular towers contained in phone records. Attorneys should be aware that location …

Among the documents leaked by Edward J. Snowden to the Guardian in June 2013 was an April 2013 order by the FISA Court directing Verizon to provide the National Security Agency (NSA) records of “telephony metadata” for all foreign calls between the U.S. and other countries and all domestic calls within the U.S, including local …

The UNC School of Government has posted a new on-demand virtual CLE entitled, Digital Forensics for Attorneys. Digital forensics expert Larry Daniel teaches this one-hour course which attorneys can view for free or purchase for $50 if CLE credit is needed. Daniel’s program provides an overview of digital forensic concepts, case examples, and relevant terminology. Attorneys …

NACDL’s Fourth Amendment Center has published a primer on whether law enforcement can compel a suspect to unlock or decrypt a device.

Overview of NIJ research on new approaches to acquiring and analyzing digital media.

The Mecklenburg County Public Defender’s Office is hosting a free to attend CLE on Cell Location Evidence for Legal Professionals.

This CLE is for the criminal defense attorney who faces cell phone location evidence in their cases. The speaker will discuss how cell phones and cell phone networks operate, cell phone call detail records, precision location, and real-time location data. Case examples will be reviewed to see how this information has worked in prior cases. Finally, legal issues with cell location evidence and applicable case law will be covered.

The speaker will be Spencer McInvaille, a Digital Forensic Examiner, specializing in cellular location analysis at Envista Forensics. He holds certifications in telecommunications and cell phone forensics, such as Cellebrite Certified Operator, Certified Wireless Analyst and Certified Telecommunications Network Specialist. Spencer has qualified and testified as an expert witness in the area of cellular location analysis. Prior to his career at Envista Forensics, Spencer worked in law enforcement as a Violent Crimes Investigator in South Carolina where he investigated crimes such as murder, robbery, and aggravated assault. During his time as a law enforcement officer, Spencer also performed cellular location analysis and mobile forensics. He has over 190 hours of training in cellular location analysis and mobile phone forensics. He has also worked on state and federal cases across the United States.

The CLE will be held July 12, 2019 at the Mecklenburg County Public Defender’s Office in the 4th Floor Conference Room at 702 E 4th St., Charlotte, NC. Registration begins at 12:00 and the CLE starts at 12:30. Pending approval by the NC State Bar, this CLE is for one general hour and the NC State Bar will charge you $3.50.

Register here.

Contact Anthony.Monaghan@mecklenburgcountync.gov for additional information.

60 minute on-demand School of Government virtual CLE by digital forensics expert Larry Daniel that provides an overview of digital forensic concepts, case examples, and relevant terminology. Attorneys will learn the basic information needed to understand the process of computer and cell phone forensics and the proper methods for search and seizure of electronic evidence. The presentation can be viewed for free or for CLE credit.

This one-day NACDL symposium was recorded on April 3, 2015 and is available for free viewing. Topics include how digital searches, government surveillance programs and new technologies are impacting Fourth Amendment protections in criminal cases.

The National Forensic Science Technology Center created this website to explain in simplified terms the principles of each type of forensic analysis and how the analysis is performed. Topics include DNA, digital evidence, fingerprints, firearms, trace evidence, blood stains, and more.

Search this directory of wireless and internet service providers to find contact information for legal departments. This directory was created for law enforcement use through a grant from the DOJ.

Forensic Magazine regularly posts articles on digital forensics. Recent topics include: SIM card forensics, cell phone evidence, and collecting computer evidence.

The Digital Evidence Subcommittee of OSAC focuses on standards and guidelines related to information of probative value that is stored or transmitted in binary form. 

Nonprofit that defends digital privacy. Website includes information on cell tracking, locational privacy, pen trap, surveillance technologies, and more.

• Cell Tracking – Considers whether the government can use cell phone records to track the physical location of a suspect without first obtaining a warrant based on probable cause.
• Printers – Discusses the practice of color laser printer manufacturers encoding of identifying information on each page printed by the machine. Explores the privacy implications of this practice.
• Revised Opinion in Privacy Case Blurs Clear Limits to Digital Search and Seizure – Discusses a 2010 Ninth Circuit case dealing with proper procedure for electronic searches.

A collaboration between the Orlando Public Defender and the National Center for Forensic Science at UC Florida. The site has links to many helpful training videos that help attorneys understand forensic science evidence.

Provides the name of the service provider associated with a phone number.

Offers direct assistance to defense lawyers handling cases involving new technologies and tactics that may infringe on privacy rights of Americans.

The NIJ has a number of free or low cost software tools that may be of assistance in understanding forensic evidence disciplines of digital forensics, arson investigation, DNA, death investigation, and more.

The Computer Crime and Intellectual Property Section of the U.S. Department of Justice gathered information about the retention periods for call details, cell tower information, text message content, pictures, and other types of data. This information has been posted online by the ACLU.

Composed of member organizations that are actively engaged in the field of digital and multimedia evidence. Works to foster communication and cooperation and ensure quality and consistency within the forensic community.

A USA TODAY Network investigation uncovered records of thousands of police officers investigated for serious misconduct. Starting with lists of officers who lost their law enforcement certification in 44 states, including North Carolina, those records available here.

A long list of helpful blog posts on various topics of digital evidence published at the UNC School of Government.

by Linda Volonino and Reynaldo Anzaldua – this book provides an excellent introduction to the topic. An overview of the materials is available in an online “cheat sheet.”

A guide to the legal issues presented by the collection of digital evidence in criminal cases, written mainly for North Carolina judges, lawyers, and officers. This book addresses how such evidence may be obtained and the rules that govern its use in court and is available for purchase.

Sample order for cell phone records pursuant to a discovery motion.