Page 32 - Forensic News Journal Jan Feb 2018

Digital Evidence and Legal Proceedings

following seizure. in a case that highlights seized his home computer.

the importance of ensur- They examined the com-
As the level of under- ing the completeness of puter and found evidence
standing of the operation digital evidence. The to indicate that the defen-

of computers and mobile case involved an unem- dant had been in contact
phones has developed ployed middle-aged man with the individual, yet

within legal cases, those who lived on his own and found no evidence to sup-
investigating cases involv- kept himself to himself, port the origins of the
ing digital evidence have though, used his computer check or the story behind

a better awareness of the to talk to other people it. He was subsequently
methods of seizure and within chat rooms. charged with fraud and

handling. Previously it was due to appear for trial
was not uncommon to find He had been in contact at Crown Court.
cases where the digital ev- with one of his online

idence had been switched friends via a chat room for Given the partial evidence
on and operated by a ‘cu- eight months before they identified by the police,

rious’ investigating officer asked for him to do them the defendant’s solicitors
to ‘see what was there’. a favor and cash a check understood the situation
that their elderly mother sufficiently to know that a

Thankfully, far greater was unable to do. His ex- second opinion should be
emphasis is now placed penses were to be covered conducted of the computer

on audit trails and stor- and he saw no problem hard drive to determine
ing the evidence correctly with then transferring the whether the evidence of
and, today, such activity money to the mother’s ac- any chat logs could be

by untrained individuals count. Unfortunately, he found on the computer.
is now rare. The adher- did not even think that the

ence to computer evidence check could be fraudulent It was only after a careful
guidelines is crucial to until he found himself in review of the deleted areas
ensuring that the evidence a police station and being of the hard drive, along

considered is all that was interviewed on suspicion with the use of data recov-
available and basing an of attempting to cash a ery software that chat log

examination on flawed fraudulent check. activity was identified that
evidence that is only par- supported the defendant’s
tially complete. He provided police with version of events. The log

As a forensic investigator, his version of events; proved that the defendant
I was recently involved fortunately, they had also and his friend had con-

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