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Computer Forensics and Admissibility in Court

Computer Forensics is a newer field than many people realize. Technology has only gotten to the point of saturation over the past 15 or so years. It took time for widescale crime to take place via digital means.
Internet spam and fraud is so common nowadays that it hardly seems noteworthy. Our email spam filters catch and file dozens (if not hundred) attempts at digital fraud everyday. This rapid growth in nefarious behavior has spawned a significant need for stricter regulations and for investigators to catch the growing ranks of online bad guys.

What is the Scope of Computer Crime?

Crime via a digital platform can take many different forms. Large scale operations like embezzlement and pyramid schemes of course require investigative attention, but so do smaller matters like infidelity and employee malfeasance.

Both private citizens and professional businesses can find themselves in situations where they are either victims of digital crime personally or need to investigate someone who they believe is behaving in an illegal manner.

Is Computer Forensics Admissible in Court?

In order to discover the acts of digital criminals professional investigation is required. Computer Forensic Investigators are a new breed, consisting primarily of ex-law enforcement or private citizens (for example, DMS is owned by Don Stewart, a law enforcement office and detective for many years).

Computer Forensic Investigators must be acutely aware of the legal process and the proper manner for securing data and evidence. There have been multiple cases where forensics were mishandled and cases thrown out simply because the investigator did not follow proper procedure.

Being such a new field, the actual procedures are in a state of growth and development, constantly attempting to keep up with technology as the sophistication and reach of the digital age continues to expand.

Ensuring Proper Handling

The proper handling of digital evidence comes down largely to the experience of the investigator. We recommend to all potential clients, whether they work with us or not, that they secure an investigator who is deeply familiar with the standard law enforcement methods of their state. By developing a foundation in law enforcement the investigator can be a more competent expert witness on the stand.

It should be noted that computer forensics is a different skillset that standard law enforcement. When considering an investigator, make sure they are aligned with credible associations that have a reputation for cutting edge techniques.

 

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