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Questions a Prosecutor Should Ask 
  • Was there adequate probable cause to seize or collect the computer system? 
  • How was the computer shut down? 
  • Was every effort made to preserve the data on the media? 
  • How was the computer secured and transported? 
  • Where and how was the computer stored? 
  • Who conducted the forensic examination? 
  • Was the software used by the examiner properly licensed? 
  • Was the media used by the examiner forensically sterile and wiped of any previous case data? 
  • Were there techniques used to protect the original media from being altered? 
  • Was the seized/collected hardware physically examined and the description properly noted? 
  • Did the protocols and procedures used during the examination prevent loss or alteration of data (either accidental, by viruses or by "booby traps")?
  • Were all areas of the media examined? (sometimes this is not necessary or possible). 
  • Depending on the type evidence involved, was there any exculpatory evidence on the media? 
  • Was there a listing made of all of the files contained on the media? (we should be able to answer "exactly what was on that computer?"). 
  • Was the evidence found on the computer properly documented, stored, controlled and transmitted? 
  • Was the examination thorough? 
  • Was the examiner's report thorough and did it make sense?  Did the report adequately explain technical issues? 
  • Were opinions or conclusions made by the examiner consistent with the evidence and explained in a manner that would be understandable in court?
  • Can the person conducting the examination introduce the evidence in court?
 

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