Preserving Electronic evidence
With more and more states allowing evidence found on electronic devices such as computers and iPhones it is essential that persons needing such evidence to support their claims learn how to preserve evidence stored on their electronic devices. Of course, there is the other side of the coin where when someone does not want evidence found on their electronic devices to be used, they too need to be careful. For, if it can be shown that evidence was intentionally deleted to the point where even a computer forensic specialist could not retrieve it, the court will not be pleased and decisions can be affected by this obviously intentional lack of evidence.
When it comes to saving evidence on a computer, it must be done in such a way that it can be shown no tampering or changing was done.This makes it necessary to disconnect the computer immediately when it is reasoned the information stored will be needed in court. Both sides should stop using their computers in question and make no changes as to modifications or deletions. There should be no installing of new software, running secure deletion software, or adding new documents. Best bottom line is to unplug the computer and store it in a safe place where others will not have access to it.
When it comes to an iPhone where there will be all kinds of text messages, pictures,emails, social media evidence, and potentially much more depending on what apps are in use, the evidence needs to be protected. Turning the iPhone on to airplane mode is the best way to preserve the evidence stored.Then turn off the phone, making sure it cannot communicate with any wireless network. An experienced forensic investigator will be able to present an amazing amount of data from an iPhone including contacts, pictures, notes, web surfing habits, messages,and locations. These forensic investigators are trained to find detailed data most persons are unaware still exists on their iPhone storage.
An important note regarding the turning off of electronic devices as soon as it is known the data will be useful in court. As the last date of usage will be preserved, this will evidence the fact the computer or iPhone will not have been tampered with since that date thus guaranteeing the evidence contained therein is historically correct.
Preserving electronic evidence is a challenge, a challenge which must be met in present day courts of law. If you are considering a divorce and live in Palm Beach, Martin, St Lucie, Miami-Dade, Broward, Hillsborough, or Orange counties in Florida or in New York or Washington DC you can meet with Family Law attorney Grant Gisondo for a free, initial, in-office consultation where he will answer your questions including those pertaining to whether you will need to use evidence from your electronic devices. He will also share how he can help with processing your divorce. Attorney Gisondo’s office hours are Monday through Friday from 9:00 AM to 5:00 PM and, for new clients, on Saturday from 8:30 AM to 1:00 PM. An appointment can be made by calling his office in Palm Beach Gardens at (561) 530-4568.