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Digital Evidence in the Courtroom: a Guide for Law Enforcement and Prosecutors

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Digital Evidence in the Courtroom: a Guide for Law Enforcement and Prosecutors U.S. Department of Justice Office of Justice Programs J National Institute of Justice A N . 0 7 Special REPORT Digital Evidence in the Courtroom: A Guide for Law Enforcement and Prosecutors www.ojp.usdoj.gov/nij U.S. Department of Justice Office of Justice Programs 810 Seventh Street N.W. Washington, DC 20531 Alberto R. Gonzales Attorney General Regina B. Schofield Assistant Attorney General David W. Hagy Deputy Assistant Attorney General, Office of Justice Programs and Principal Deputy Director, National Institute of Justice This and other publications and products of the National Institute of Justice can be found at: National Institute of Justice www.ojp.usdoj.gov/nij Office of Justice Programs Partnerships for Safer Communities www.ojp.usdoj.gov JAN. 07 Digital Evidence in the Courtroom: A Guide for Law Enforcement and Prosecutors NCJ 211314 David W. Hagy Deputy Assistant Attorney General, Office of Justice Programs and Principal Deputy Director, National Institute of Justice This document is not intended to create, does not create, and may not be relied upon to create any rights, substantive or procedural, enforceable by law by any party in any matter civil or criminal. Opinions or points of view expressed in this document represent a consensus of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The products, manufacturers, and organizations discussed in this document are presented for informational purposes only and do not constitute product approval or endorsement by the U.S. Department of Justice. This document was prepared under Cooperative Agreement #98–IJ–CX–K003 between the National Institute of Justice and the National Center for Forensic Science. The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Foreword Law enforcement agencies, prosecutors, ❋ Forensic Examination of Digital and judges are overwhelmed by the Evidence: A Guide for Law Enforcement, amount of information required to keep www.ojp.usdoj.gov/nij/pubs-sum/ pace with the rapid changes involving the 199408.htm. computer and its associated devices and features. Criminals continually alter, revise, ❋ Investigations Involving the Internet or create hardware, software, viruses, and Computer Networks, NCJ 210798, and other attacks in an effort to disguise www.ojp.usdoj.gov/nij/pubs-sum/ criminal activity and thwart detection. 210798.htm, publication pending. In addition to being familiar with these changes in technology, law enforcement The remaining guides in the series will officers and prosecutors also must stay address: abreast of the latest revisions of applicable ❋ laws. Using advanced technology to investigate. To assist prosecutorial offices and associ­ ❋ Creating a digital evidence forensic unit. ated law enforcement agencies, the National Institute of Justice (NIJ) has developed a series of guides dealing with Because laws continually evolve, the digital evidence to address the complete Technical Working Group for Digital investigation process. This process Evidence in the Courtroom (TWGDEC) expands from the crime scene, through recognizes that its recommendations may analysis, and finally into the courtroom. not apply in all circumstances. The guide’s The guides summarize information from recommendations are neither mandates select groups of practitioners who are nor policy directives, nor do they represent knowledgeable about the subject matter. the only correct courses of action. Rather, These groups are more commonly known the recommendations discuss applicable as technical working groups (TWGs). laws combined with a consensus of the experience of the technical working group This guide is the fourth in this series. members to provide valuable insight into The other guides are: the important issues involved with using digital evidence in the courtroom. We hope ❋ Electronic Crime Scene Investigation: these recommendations spark discussions A Guide for First Responders, about the practices and procedures that www.ojp.usdoj.gov/nij/pubs-sum/ are best suited to a jurisdiction’s unique 187736.htm. environment. iii NIJ also hopes that these materials will lengthy) guide preparation meetings held enable more of the Nation’s law enforce­ at locations far removed from their home ment personnel and prosecutors to work offices or agencies. All of us at NIJ appre­ effectively with digital evidence, maximiz­ ciate the commitment made by the home ing its reliability to the benefit of criminal offices or agencies of TWGDEC members case prosecutions. in making their employees available for this work. NIJ extends its appreciation to TWGDEC participants for their dedication to the David W. Hagy preparation of this guide. Their efforts are Deputy Assistant Attorney General, particularly commendable given that they Office of Justice Programs and participated in TWGDEC while continuing Principal Deputy Director, to carry out their duties with their home National Institute of Justice offices or agencies. Moreover, TWGDEC members had to attend numerous (and iv Technical Working Group for Digital Evidence in the Courtroom TWGDEC was a multidisciplinary group of practitioners and subject-matter experts from across the United States. Planning panel Fred Smith Attorney Abigail Abraham Santa Fe, New Mexico Assistant Attorney General Illinois Attorney General’s Office Richard Salgado Chicago, Illinois Senior Counsel U.S. Department of Justice Carleton Bryant Criminal Division Staff Attorney Computer Crime and Intellectual Knox County Sheriff’s Office Property Section Knoxville, Tennessee Washington, D.C. Stephen J. Cribari Defense Attorney Additional TWGDEC University of Minnesota Law School members Minneapolis, Minnesota Additional members were subsequently Donald Judges incorporated with the planning panel Ben J. Altheimer Professor of members to create the full technical Legal Advocacy working group. The individuals listed below University of Arkansas School of Law worked together with the planning panel to Fayetteville, Arkansas formulate this guide. Robert Morgester Steven Beltz Deputy Attorney General Washington State Patrol State of California Department of Justice Olympia, Washington Office of the Attorney General Criminal Law Division Robert Beitler Sacramento, California Florida Department of Law Enforcement Computer Evidence Recovery Ivan Orton Tallahassee Regional Operations Center Senior Deputy Prosecuting Attorney Tallahassee, Florida King County Prosecuting Attorney’s Office Fraud Division John Boesman Seattle, Washington Prince George’s County Police Department Palmer Park, Maryland Dick Reeve General Counsel Don Buchwald Second Judicial District Project Engineer Denver District Attorney’s Office Aerospace Corporation Denver, Colorado Los Angeles, California v Don Colcolough Stacey Levine AOL Time Warner, Inc. Criminal Division Dulles, Virginia Computer Crime and Intellectual Property Section Kevin Comerford U.S. Department of Justice Erie County Police Services Washington, D.C. Buffalo, New York Jim May William Crane Prince George’s County Police Department Assistant Director Palmer Park, Maryland Computer Crime Section National White Collar Crime Center Justin Price Fairmont, West Virginia Florida Department of Law Enforcement Computer Evidence Recovery Jeff Dort Tampa, Florida Deputy District Attorney Internet Crimes Against Children Dan Purcell Task Force Investigator San Diego District Attorney’s Office Seminole County Sheriff’s Office Family Protection Division Economic Crimes Unit/Computer San Diego, California Forensics Sanford, Florida Donald Flynn, Jr. Attorney Advisor Chris Romolo Cyber Crime Center United States Secret Service U.S. Department of Defense Washington, D.C. Washington, D.C. Joseph Schwerha, IV William Fulton Assistant District Attorney Texas Department of Public Safety Office of the District Attorney Special Crimes Services Washington, Pennsylvania San Antonio, Texas Carl Selavka Mary Horvath National Institute of Justice Federal Bureau of Investigation U.S. Department of Justice Washington, D.C. Washington, D.C. Roland Lascola John A. Sgromolo Federal Bureau of Investigation Director of Investigations and Training Washington, D.C. LC Technology International Clearwater, Florida Barry Leese Detective Sergeant, Ret. Todd Shipley Maryland State Police Detective Computer Crimes Unit Reno Police Department Columbia, Maryland Computer Crimes Unit Reno, Nevada vi Rebecca Springer Facilitators Assistant Statewide Prosecutor Florida Office of Statewide Prosecution John Bardakjy Central Florida Bureau Project Manager Orlando, Florida National Center for Forensic Science Orlando, Florida Scott Stein Cybercrimes Unit Dale Heideman Office of the U.S. Attorney for the Eastern Deputy Director District of Virginia National Center for Forensic Science Alexandria, Virginia Orlando, Florida Chris Stippich Anjali Swienton Digital Intelligence, Inc. ACS Defense, Inc. Waukesha, Wisconsin Contracted to the National Institute of Justice Mike Swangler U.S. Department of Justice United States Secret Service Washington, D.C. Washington, D.C. and President and CEO Jeanette Supera SciLawForensics, Ltd. Senior Investigator Germantown, Maryland Office of the Attorney General State of Nevada Carrie Whitcomb Carson City, Nevada Director National Center for Forensic Science Wayne
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