Forensic Procedures for Collecting and Processing Digital Evidence while Adhering to Fourth and Fifth Amendment Guidelines: A Case Study on Illegal Fireworks Explosives Investigation

ASSIGNMENT INSTRUCTIONS:

A forensic unit within a federal crime lab has been tasked with the investigation of an individual who is suspected of the manufacturing, transportation, and sale of illegal fireworks explosives. Upon responding to a fire at the suspect’s house, firefighters discover 2.5 tons of explosives, and therefore, put out the fire from a distance. When investigators arrive on the scene, several networked computers, PDAs, cell phones, and laptops are found in an upstairs office. As junior investigators, they are unsure of how the fourth and fifth amendments will affect their investigation, search warrants, and the ultimate seizure of these devices. In addition, they are unsure of the standard operating procedures for processing computer evidence within the first and fourth amendments’ governance, so AB Investigative Services (ABIS) has been contracted to provide guidance in these areas.
Provide a 4-page document in Word describing: the forensics procedures to collect, and process forensic evidence from these devices while following the fourth and fifth amendment guidelines.
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HOW TO WORK ON THIS ASSIGNMENT (EXAMPLE ESSAY / DRAFT)

Introduction

The manufacturing, transportation, and sale of illegal fireworks explosives is a serious crime that poses a significant threat to public safety. When investigating such a case, forensic experts must follow strict guidelines to ensure that they collect and process digital evidence in compliance with the Fourth and Fifth Amendments. In this paper, we will discuss the forensics procedures to collect and process digital evidence from the devices found at the suspect’s house while adhering to the Fourth and Fifth Amendment guidelines.

Search Warrants

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. Therefore, before conducting a search of the devices found in the suspect’s house, investigators must obtain a search warrant. A search warrant is a legal document that authorizes law enforcement officials to conduct a search of a specific location for specific evidence.

The search warrant must be supported by probable cause, which means that there is a reasonable belief that a crime has been committed, and the evidence related to that crime is likely to be found in the specified location. In the case of the illegal fireworks explosives investigation, the 2.5 tons of explosives discovered by the firefighters provide sufficient probable cause to obtain a search warrant for the suspect’s house and devices found therein.

Once the search warrant is obtained, investigators may search the specified devices to collect digital evidence related to the suspected crime.

Collection of Digital Evidence

The collection of digital evidence from electronic devices requires specialized skills and equipment. The forensic experts responsible for collecting digital evidence must ensure that the evidence is not contaminated, altered, or destroyed during the collection process. Therefore, they follow a specific procedure to ensure the integrity of the evidence.

Firstly, the devices are photographed to document their condition before the collection process begins. The devices are then placed in Faraday bags to prevent any electromagnetic interference, which could potentially alter the evidence. The Faraday bags are labeled and sealed to document the chain of custody.

Next, the devices are transported to the forensic lab, where they are examined in a secure and controlled environment. The forensic expert creates a forensic image of each device, which is an exact copy of the data on the device, including hidden or deleted files. The forensic image is used for analysis, leaving the original device untouched to preserve the integrity of the evidence.

Processing of Digital Evidence

Once the forensic images are created, the forensic expert can begin the process of analyzing the digital evidence. This process involves reviewing the data and metadata on the devices to identify any evidence related to the suspected crime.

The forensic expert will use specialized software tools to analyze the data and metadata, looking for any evidence that can help identify the suspect’s activities related to the manufacturing, transportation, and sale of illegal fireworks explosives. This evidence may include emails, text messages, phone call logs, photos, videos, or other digital files.

The forensic expert will also document every step of the analysis process, including the software tools used, the data analyzed, and the conclusions reached. This documentation is crucial in ensuring that the evidence collected and analyzed is admissible in court.

Conclusion

In conclusion, the investigation of illegal fireworks explosives is a serious matter, and forensic experts must follow strict guidelines to collect and process digital evidence while adhering to the Fourth and Fifth Amendments guidelines. Investigators must obtain a search warrant supported by probable cause before searching the devices. The collection of digital evidence requires specialized skills and equipment to ensure the integrity of the evidence, and the processing of digital evidence involves the use of specialized software tools and documentation of every step of the analysis process. Following these guidelines will ensure that the evidence collected and analyzed is admissible in court and can be used to prosecute the suspect.

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