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Computer Forensics Performed by Liar Catchers
A computer system never deletes files

Visable:

  • Documents, spreadsheets, image files, e-mails messages
  • Files and folders
  • Programs and applications
  • Link Files
  • Log Files

Deadlines regarding E-discovery

Rule 16; Pretrial conferences: requires opposing parties to meet and discuss a discovery plan and evaluate the protection and production of ESI within 99 days of the filing of the lawsuit.

Rule26(a); Initial disclosure of sources of discoverable information: Parties must identify all sources and types of ESI to the opposing side according to the time schedule imposed by the court.

Rule26(a); Initial disclosure of sources of discoverable information: Parties must identify all sources and types of ESI to the opposing side according to the time schedule imposed by the court.

Day 1: Lawsuit is filed

Day 99: Opposing parties must meet by this day

By Day 120: The E-discovery plan is due in court by the presenting attorneys office

How is the data obtained?

Consent search: If an individual voluntarily agrees to the search

Plain view search: An investigator spots an object in plain view does not need search warrant.

Search incident to arrest: If suspect is arrested, law enforcement may search area within defendants immediate control

Search incident to arrest: Law enforcement is permitted to sweep the entire location doing a visual inspection, and if in plain view during that search evidence can be legally seized.

What will we need to know:

  • 1Are we looking for financial or bank data or accounting ledgers? Child pornography, chat session, please be specific.
  • 2Which operating system will we be researching
  • 3Is there a network involved? If yes, which type? Wireless or wired? Windows/Linux based?
  • 4Are there any external drives to consider?
  • 5Are passwords or encryption involved?
  • 6Has Chain of custody been documented for this evidence?

Very Important to read our “Legal Disclaimer” page before making ANY decisions