In today’s digital age, evidence collected from computers, smartphones, and other electronic devices increasingly plays a significant role in criminal prosecutions. While digital evidence is often presented as highly reliable, it can be manipulated, may be incomplete, or could be taken out of context. A skilled criminal defense attorney will carefully scrutinize the methods used to seize, collect, and extract digital evidence, and will challenge its accuracy and admissibility in court.
Digital evidence refers to any information or data that is stored or transmitted in digital form and that may be used in a court case. Digital evidence encompasses a diverse range of materials, including emails, text messages, digital photographs, videos, social media posts, metadata, and files stored on computers or other electronic devices. In a world where almost every action leaves a digital trace, digital evidence can provide critical insight into a person’s whereabouts, communications, and activities.
Because of the widespread presence of technology in modern life, digital evidence can originate from almost anywhere.
Other sources of digital evidence include tablets, external hard drives, cloud storage services, smart home systems, fitness trackers, and similar technologies.
Forensic technicians can extract, examine, and analyze digital data using legally acceptable methods that preserve this evidence for use in a court case. This analysis could involve reconstructing a person's online and real-world activities for presentation in court. But in order for the information to be legally used in a court case, it must be authentic, accurate, lawfully obtained, and properly preserved.
While digital evidence is often presented as highly reliable, it is not without flaws. Information extracted from computers, smartphones, social media, and other devices can be manipulated, may be incomplete, or could be taken out of context. Additionally, the sheer volume of the evidence can make it difficult to analyze and use to support a legal defense.
A key issue in any legal case is the authenticity and accuracy of the evidence. In cases involving digital evidence, a defense attorney should carefully scrutinize the evidence to determine its authenticity and accuracy.
Authenticity refers to whether the evidence is what it purports to be, while accuracy refers to whether the data has been altered or tampered with. Methods of verifying the authenticity and accuracy of the evidence involve a thorough forensic analysis, examining metadata, identifying signs of potential data manipulation, and comparing data with known baselines.
To ensure digital evidence is reliable, forensic technicians must use forensically sound methods to preserve the original data. Errors like failing to create an exact copy of the data, not following standard protocols, or failing to secure the device against tampering can compromise the integrity of the evidence.
The “chain of custody” refers to the process used by law enforcement to document the collection, handling, transfer, and storage of evidence from the moment it was obtained until it is presented in court. To establish chain of custody, law enforcement officers must be able to prove they followed the proper procedures when seizing the device, extracting evidence, and storing it for presentation in court.
Successfully challenging digital evidence in a federal criminal case requires a thorough and sophisticated approach that may include a thoughtfully crafted Motion to Suppress Evidence, presentation of expert testimony, and strategic cross-examination.
A thoughtfully crafted Motion to Suppress Evidence can be an effective part of a defense strategy, particularly if the evidence is unreliable or was unlawfully obtained. A Motion to Suppress Evidence is a formal request filed by a defendant before trial asking the court to exclude certain evidence from consideration, often because it is unreliable or was obtained illegally.
A qualified digital expert possesses the technical knowledge and experience to analyze the evidence and collection processes to identify inaccuracies that may not be readily apparent to a layperson. A forensic expert can examine the methods used to collect and analyze the evidence, identify any errors, and assess the reliability of the investigative tools used. In court, the forensic expert can explain these issues in a clear, understandable, and persuasive manner that will highlight flaws, inaccuracies, and other problems.
An effective cross-examination is essential, particularly in cases that rely on digital evidence. A skilled defense attorney will probe the methods used to collect, handle, and analyze the evidence to identify weaknesses in the government’s case. A defense attorney will also identify inconsistencies in testimony, point out potential biases, and challenge the qualifications and experience of expert witnesses the government calls to testify.
For over 30 years, Hope Lefeber has defended people charged with complex white-collar crimes in federal court. She understands the nuances of how digital evidence is obtained and presented and develops legal strategies to lessen its impact or have it excluded entirely.
Ms. Lefeber has been consistently honored as a Pennsylvania Super Lawyer, as one of the Top 100 Trial Lawyers by the National Trial Lawyers Association, and as one of the Top 10 Criminal Defense Attorneys in Pennsylvania by the National Academy of Criminal Defense Attorneys. She has represented high-profile clients, published numerous articles, lectured on federal criminal law issues, and appeared on TV News as a legal expert.
Ms. Lefeber represents clients in Philadelphia and its surrounding counties and in federal courts nationwide.
To put the expertise of an experienced federal criminal defense attorney to work for you, contact the Law Offices of Hope Lefeber today.
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