Electronic Evidence, Computer Forensics, Electronic Surveillance and Wire Tapping
Evidence obtained from personal computers and other data storage media is increasingly becoming more significant, in both civil and criminal cases. Agencies at every level of lawenforcement have learned the utility of seizing and searching personal computers, smartphones, tablets, and other high-volume data storage devices, as such devices often contain information critical to their investigation. Also, as individuals and businesses increasingly do business electronically, the universe of discoverable materials in civil cases has drastically expanded.
It is no simple task to develop and implement a successful litigation strategy in cases involving electronic evidence. Counsel faces a number of hurdles, including developing his or her understanding of computer hardware and software; hiring and developing competent expert testimony; spotting legal and factual issues; and attempting to educate judges and juries who may have little or no knowledge of computers. Therefore, these materials offer a thumbnail sketch of basic issues which arise in cases
involving computer searches.
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