Report on E evidence admissibility issues in the case of HAWKINS v. THE STATE. Court of Appeals of Georgia. MEMORANDUM Subject: E evidence admissibility issues Using an online data base or an internet search engine, search for a situation in which an electronic device or recorder implicated someone of a crime or wrong doing. Write a report on the E evidence admissibility issues in the case. In your report, describe how that evidence was discovered and retrieved by law officers or computer forensic experts MEMORANDUM Subject: E evidence admissibility issues Here is the report you requested on E evidence admissibility issues on a case that involved the use of electronic device or recorder which implicated someone of a …show more content…
1.3 Method The information used in this report was collected by consulting multiple articles on the internet which are listed in the reference section of this report. 1.4 Limitations Because of the narrow scope of the report, no major limitations were encountered. The only issue faced was a broken link referenced by the course text. (www.e-evidence.info/ccunits.html// dead link) 1.5 Assumptions It has been assumed that: a. Particular care was taken in the discovery, recovery, preservation and control of electronic data, documents and E-evidence. b. That local, state and private investigations with regards to the analysis, verification and presentation of e-evidence in court and investigations were in accordance with established judicial and industry best practices. c. The chain of custody of physical and electronic evidence, were well documented and observed. 1.6 Background Haley Hawkins was arrested and indicted for several violations and an attempted violation of the Georgia Controlled Substances Act. Hawkins moved the trial court to suppress evidence of certain text messages that police obtained from her cell phone and the cell phone of another individual. Following an evidentiary hearing, the trial court denied her motion. She then sought immediate review in the Court of Appeals of Georgia. On appeal, Hawkins claims that the trial court erred in denying her motion to suppress
In order to determine who the perpetrator is in any criminal investigation; the criminal investigator should know how to properly and thoroughly process a crime scene for evidence. In this essay, I will address several areas pertaining to the collection and processing of evidence, based from the following scenario.
h. This is important so that the company can continue in such a way as to be judicially prudent. They must know what is the acceptable method of getting evidence to keep it safe for court admission. There may also be extenuating circumstances that must be taken into account depending on the organization and the event.
Digital forensics is a branch that is over the recovery and investigation of materials found in digital devices, it gives a better understanding of the situation. Back before the computers, researchers used to investigate the situation through eyewitnesses, evidences, and trying to recreate what happened in that area. Digital devices are everywhere this day and age. “Computers and networks have become so ubiquitous in our society, such an integral part of our daily lives, that any investigation or legal dispute will likely involve some form of digital evidence.” Casey, 2009 Introduction. Through electronics, it can store the needed evidence to be used in the future.
2.3 – Ways in which evidence of abuse can be preserved is use of written reports including details of alleged and suspected abuse, use of witness statements, making sure that they are signed and dated, photographic evidence e.g. any injuries sustained, confidential systems for manual records e.g. security systems, confidential records, importance of timescales to ensure the reliability and validity of evidence.
2. Explain, from a forensics perspective, the digital evidence found on the Anthony family computer
THE THE APPELLANT’S STATEMENT OF THE CASE, STATEMENT OF FACTS, AND ARGUMENTS NUMBERED IV-VI ARE BACKED BY EVIDENCE CONTAINED ON THE RECORD. EVEN SOME OF THIS EVIDENCE WERE PROVIDED BY OPPOSING
Whether the circuit court erred by denying Johnson’s motion to exclude documents under Md. Rule 5-901.
Preserved and appropriately maintained custody of evidence through submission of evidence to the laboratory and evidence custodian for analysis and safekeeping.
Evidence plays a vital role throughout criminal investigations. Typically, we think of evidence as things such as fingerprints, DNA, and fibers. However, evidence as evolved as the world of technology has expanded. Digital evidence also now plays just as much of an important role as traditional evidence. When beginning an investigation that involves digital evidence, it is important for the investigator to know what evidence to look for. Identification of evidence, collection including transportation of evidence and examination of evidence are the three main aspects of the process.
The opinion of the United States Court of Appeals for the Thirteenth Circuit. R. 22–30. The decision and order of the United States District Court, District of Wisteria denying Plaintiff’s Motion for a New Trial. R. 13–21.
The second aspect we identified is that of public safety, given the nature of our work as investigators. Digital forensic investigations can have a very drastic impact on public safety from a community wide concern to that of the health and well being of a single person. Often times when a mobile device is explained by a forensic investigator, the investigation is related to a criminal matter where a person is either harmed physically harmed or harmed in the less
Question: Was there probable cause to arrest and prosecute the plaintiffs in the previous criminal proceeding?
Integrity of Evidence The FBI Crime Lab has come a long way since it opened. All began in the 1920’s, when a person named J. Edgar Hoover recognized the importance of scientific analysis in criminal matters (Forensic Science Communications, 2007, para. 1). Ever since that moment the crime grew a lot. The use of technology to solve crimes increased tremendously overtime.
This task can be accomplished through forensic evidence collection. Once the evidence has been collected, it must be preserved by maintaining chain of custody to prevent evidence tainting. The evidence will be preserved until it ready for presentation at the homicide trial. This paper will examine the major sources of evidence that is required in a homicide investigation that will assist the prosecution in obtaining a conviction in a homicide case.
E software over the years has really proven to be an electronic discovery software suite that allows companies and their advice to quickly recognize pertinent content for litigation, inquiries and regulatory reaction projects, in that way preserving appreciated time and money for case approach and groundwork. eDiscovery software really does streamline the digital examination procedure, in some cases helping investigators handle more examinations in a small amount of time while refining the correctness of the results. Clearwell's eDiscovery software does forensically gather electronic files that are from through the organization, mechanically examines the data, and permits investigators to quickly recognize all indication and suspects that are involved in a business or government study. With that said this essay will discuss the quality of software in e-discovery.