Digital Evidence

Blog post by Larry Daniel, Spencer McInvaille, and Eric Grabski addressing the potential for flaws in cell phone location evidence when mapping software is used and other issues with cell tower 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.

NC Indigent Defense Services, the Duke Law Center for Criminal Justice and Professional Responsibility, and the Duke Law Center for Science and Justice are pleased to announce the sixth annual CLE, “Whiskey in the Courtroom: Evolving Trends in Forensic Science.” Whiskey 6 will take place on March 6, 2020 at Duke Law School. Forensic science experts …

Originally posted on the Envista Forensics Blog on Oct. 7, 2019 by Larry Daniel, Spencer McInvaille, Eric Grabski The amount of cell phone record location information being admitted as evidence in trial is occurring at an unprecedented rate. Juries across the U.S., and globally are being presented with call detail record analysis as evidence of …

Friday, October 4, 2019 NC Judicial Center, 901 Corporate Center Drive, Raleigh, NC Co-sponsored by the NC State Crime Laboratory & Office of Indigent Defense Services The NC State Crime Laboratory and NC Office of Indigent Defense Services will offer a free-to-attend CLE that is designed to enhance the knowledge of criminal defense attorneys and …

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 …

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.

This study looks at two methods for accessing data on damaged mobile phones.

The National Criminal Defense College will offer a program in Tucson, Arizona on challenging faulty forensic testimony.

Tuition is $795.00.  Program dates are January 16-18, 2020 at the University of Arizona James E. Rogers College of Law at Address:  1201 E. Speedway, Tucson, AZ 85721.  Accommodations (not included in tuition) are offered at the Aloft Tucson University, just 1 mile from the law school with a special hotel block rate of $179.00 (plus tax)/night.  (Hotel block expires 12/24.)

NACDL is offering a 2-day CLE in Palm Beach, FL that will explore building and using a police database, working with law enforcement experts, what Brady means in modern 2020, and the intersection between technology and misconduct including the ways law enforcement employs body cameras and facial recognition technology. The program includes specific skills-based lectures that will teach effective trial and motions techniques.  

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.

The National Association for Public Defense is sponsoring this one (1) hour training on the importance of cell tower evidence and how to utilize the data to better defend their clients.

About the Faculty:  Tom Slovenski is the owner of Cellular Forensics, LLC, located in South Carolina. As a former law enforcement detective and now a private forensics examiner, Tom has over 30 years of Law Enforcement and Investigation experience. Tom was a Sergeant with a large metropolitan Sheriff’s Department and member of the Forensics Division while serving as the Senior Investigator of Internal Affairs.

In the private sector, Tom specializes in mobile phone data recovery and acquisitions, cell tower site analysis and mobile spyware discovery. Tom also endeavors to train attorneys, and other investigative professionals on the importance and value of Cell Phone Data Recovery and Cell Tower Records Analysis. Tom’s classes have been attended by Federal, State and local entities nationwide.

Tom is the author of a book on Mobile Phone Forensics entitled, “Cellular Forensics for First Responders.”

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.

From encrypting your documents, texts and emails to using a private Internet browser, this webinar will walk through a curated list of tools and tricks designed to protect your work product, your technology, your clients, and your cases. The webinar will feature Matt Mitchell, a hacker, civil rights advocate, and the director of digital safety & privacy at Tactical Tech.

This free webinar is sponsored by NACDL and is open to criminal defense attorneys, regardless of whether they are NACDL members.

Co-sponsored by the NC State Crime Laboratory & Office of Indigent Defense Services

The NC State Crime Laboratory and NC Office of Indigent Defense Services will offer a free-to-attend CLE that is designed to enhance the knowledge of criminal defense attorneys and criminal defense investigators. Senior forensic scientists from the State Crime Lab will present updates and key information about the analysis of physical evidence in the disciplines of Forensic Biology (DNA), Firearms, and Digital Evidence. The Laboratory is working on validating the use of a new software program (STRMix) to interpret DNA mixtures. Once this software is implemented, DNA laboratory reports will have a new format and new conclusions will be used. This program aims to familiarize attorneys with this new program and the testimony that will be provided in court.

Following these presentations, the speakers will address questions from attorneys. Due to the confidential nature of casework, questions about specific cases will not be answered. Attorneys can schedule a meeting at the State Crime Lab to discuss the case with the analyst. Registration is available here. Attendees are encouraged to submit questions ahead of time using the registration form or by emailing sarah.r.olson@nccourts.org.

Attorneys receiving CLE credit will be billed $3.50 per credit hour by the NC State Bar. 3.0 hours of general CLE credit is anticipated. Non-attorneys who wish to receive continuing education credit will receive certificates of attendance.

The importance of taking on prosecution forensic experts on behalf of clients cannot be overstated. It is no mystery how powerful forensic evidence is to jurors.  Yet countless wrongful convictions are, in fact, the result of inaccurate, faulty, or unchallenged forensics. This practical workshop will prepare defense counsel to challenge unreliable expert testimony using a mock case involving firearm and digital evidence.

Tuition is $795.00.  Program dates are January 16-18, 2020 at the University of Arizona James E. Rogers College of Law at Address:  1201 E. Speedway, Tucson, AZ 85721.  Accommodations (not included in tuition) are offered at the Aloft Tucson University, just 1 mile from the law school. Special hotel block rate is $179.00 (plus tax)/night. Hotel block expires 12/24.

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.