The Importance Of Preserving Digital Evidence

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Evidence is key to every investigation. It can help seal the fate of a criminal during the course of an investigation and trial, because it proves their guilt and/or innocence. Digital evidence is growing in popularity today because it allows the criminal to communicate locally and globally, while offering a “safe” place to store their activities. This digital evidence is any form of electronic data that is “stored in bits and bytes on magnetic media” (Knetzger & Muraski, 2008). This digital evidence comes in multiple forms. Ranging from things like a personal computer to a MP3 player, it can include laptops, USB sticks, cell phones and video cameras. Each can hold different kinds of data, which can be used by officers for evidence in a case. Once the type of digital evidence to seize is known, the effort then turns to collecting and preserving that evidence. Preserving digital evidence can be difficult and the proper steps must be taken to assure nothing is lost or altered. . Michael Knetzger and Jeremy Muraski authors of Investigating High-Tech Crime said, “Similar to a doctor’s Hippocratic Oath to “do no harm”, crime scene investigators must first endeavor never to change a crime scene or alter evidence.” Multiple professionals have written manuals to help train our law enforcement officers in the art of preserving this fragile evidence. These manuals have be written because the data is so easily lost or altered, that all must take the proper precautions to preserve it. First, law enforcement officers must never attempt to search for evidence on the device during the seizure. This is because they may accidently cause the computer to crash, set of a virus, which would wipe the computer clean, or erase what is currently being... ... middle of paper ... ...ther major thing to keep in mind is the chain of custody with the evidence. Detailed records need to be kept on the handling of the device. “A break in that chain is the opportunity a defense attorney dreams about because he or she than can exploit it to cast doubt on the case” (Knetzger & Muraski, 2008). The best way to avoid a break in the chain is to involve as few people as possible. No matter what kind of digital evidence is involved, once must always take the proper steps to preserve the evidence. The slightest mistake during the seizure, storage or investigation can cost the investigators precious evidence, or even the case. Though every case must be handled differently, these steps are a beginning on how to handle digital evidence. As technology and the crimes committed with it evolve so must the techniques in acquiring and preserving the information.

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