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