In a situation where one subject lived in NY and died and a subsequent LE investigation deemed the cause of death was not criminal.
So question - if the surviving family properly obtained the deceased's computer & phone (and other assets) then transported them back to another state - say SC, and later requested a forensic examination (by a PI) would any evidence collected by the SC PI be admissible if it was collected via CF examination that a homicide was committed?
What steps could be taken ahead of accepting such a case to ensure the admissibility of evidence of a crime across state boarders when the family simply wants to retrieve documents of the deceased?
In a situation where one subject lived in NY and died and a subsequent LE investigation deemed the cause of death was not criminal.
So question - if the surviving family properly obtained the deceased's computer & phone (and other assets) then transported them back to another state - say SC, and later requested a forensic examination (by a PI) would any evidence collected by the SC PI be admissible if it was collected via CF examination that a homicide was committed?
What steps could be taken ahead of accepting such a case to ensure the admissibility of evidence of a crime across state boarders when the family simply wants to retrieve documents of the deceased?
Hm, have you perchance been reading a similar thread in the "Legal" secition of this forum? wink
It always comes down to what is acceptable in the jurisdiction in which a case will be tried. The data could be examined in SC, AK, GB, DE, NZ or Saturn, but what will be admissible in a court in NY, (in this specific example)?
Of course, in all examinations, proper chain-of-custody must be maintained via supporting documentation.
HTH,
-AWTLPI
So question - if the surviving family properly obtained the deceased's computer & phone (and other assets) then transported them back to another state - say SC, and later requested a forensic examination (by a PI) would any evidence collected by the SC PI be admissible if it was collected via CF examination that a homicide was committed?
What matters is less what your investigator is licensed to do and more what he or she is qualified to do. If there is any concern at all that the contents of the drive may be used for evidence make sure (as previously suggested), that you have a well documented chain of custody and that you take the steps necessary to ensure that the contents of the drive are not altered by your process (i.e., write block, forensic image, and preserve the source). Evidence is evidence. If there is any question as to whether your investigator can testify in a given jurisdiction, you can always repeat the analysis if you've preserved the source.
Even SC law can't prevent me from doing an examination and preparing a report. All it can do is prevent me from representing myself as a forensic examiner in certain settings.
What steps could be taken ahead of accepting such a case to ensure the admissibility of evidence of a crime across state boarders when the family simply wants to retrieve documents of the deceased?
See above. Preserve the source media and insure that access to that media is limited and logged.
I was in a situation, once, where the family of an individual whose girlfriend had been killed suspected that the boyfriend might be charged in the killing. No charges had been filed but the family asked me to make a forensic copy of the drive in anticipation of it being seized. I did, preserved the source and replaced it with a forensic copy. The police eventually seized the computer and the prosecutor was not happy that I had made an image but couldn't fault the procedure.