Texas Department of Public Safety

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Presentation transcript:

Texas Department of Public Safety Crime Laboratory Services MSC 0460 Forensic Document Section PO Box 4143 5805 N. Lamar Blvd. Austin, TX 78765-4143 (512) 424-2105 Phone (512) 424-5642 Fax Dale Stobaugh, Supervisor E-MAIL: Dale.Stobaugh@dps.texas.gov Jennifer Land Forensic Scientist E-MAIL: Jennifer.Land@dps.texas.gov Erin Gruene Forensic Scientist E-MAIL: Erin.Gruene@dps.texas.gov Nathan Calderon Forensic Scientist E-MAIL: Nathan.Calderon@dps.texas.gov Computer Forensics VS Audio/Video portions of DME

DIGITAL MULTIMEDIA EVIDENCE EXAMINATION (Computer Forensics)

Digital Multimedia Evidence Digital Media Analysis/Computer Forensics The Division of DME According to The American Society of Crime Lab Directors-Lab Accreditation Board (ASCLD-LAB), digital multimedia evidence is subsequently divided into three concentrations: Digital Multimedia Evidence Digital Media Analysis/Computer Forensics (QD Section) Imaging (Photography Section) Audio/Video This division also represents how computer and audio/visual evidence is distributed within the crime laboratory

Our role in Digital Multimedia Evidence Analysis Computer Forensics Preserve data on the media submitted Make an exact “image” of the data (bit for bit copy), whenever possible Examine and search the “image” copy of the evidence Hardware write-blocker Examination of deleted areas not accessible to user (deleted but not yet overwritten) We are presented with some limitations in making a pristine image of some devices, most commonly cellular telephones.

Forensic Workstations Forensic Analysis Machines or Forensic Workstations

Specialized, Forensically-tested software is used Use of Guidance Software’s EnCase on Windows analysis machine Use of BlackBag Technologies Forensic Suite on Mac analysis machine

What is Digital Evidence and How is it Different? Information and data of investigative value that is stored on or transmitted by an electronic device Can transcend borders quickly via Internet Data in computer systems is highly susceptible to alteration or destruction Caution must be exercised when collecting, transporting, examining and storing this type of evidence to avoid data loss Special training, skills, equipment, and software are needed to retrieve evidence stored within computers and computer media to avoid alteration or destruction Data in computer systems is usually stored in electromagnetic or electronic form. These types of storage are highly susceptible to alteration or destruction. Caution must be exercised when collecting, transporting, examining and storing this type of evidence to avoid the loss of evidence and intellectual property.

Digital Evidence at the Crime Scene - Considerations Search Warrant / Consent to Search Identifying Evidence to be Collected Documentation, Collection, Preservation of Evidence Transporting Evidence to the Laboratory

Search Warrant / Consent to Search DPS Crime Lab Policy is to have copy of the search warrant or consent to search form before examination can begin Specific wording not only to seize the media but also to access data stored within the media…there is a difference This requirement provides protection at the time of trial preventing the examiner of the evidence from unlawful search of the data contained on the items submitted. This is an example of how digital evidence differs from other types of evidence that can be seen “in plain sight”. A search warrant to collect possible evidence of a crime at the scene typically covers the evidence you can walk into a room and see or touch. It is a more intrusive search to get into a laptop, remove the hard drive and examine (search) for evidence of a crime. Go-bys are available from the DPS Lab A common misconception about the search warrant “return” to the issuing Judge: officers often ask if we can begin examination within that return time. When in fact, the evidence merely needs to be submitted to the lab within that return deadline to the Judge. The policy to require a search warrant before examination begins serves as protection from conducting an illegal search and helps to prevent the evidence ascertained from the examination from being kept out of court.

Types of electronic devices or MEDIA that may contain digital evidence Personal computer, laptop External hard drives (USB connection) DVD, CD, floppy disks Flash drives (thumb, USB) Memory sticks Digital cameras SD Cards Personal Data Assistants (PDAs, iPods, Palm) Cellular phones MP3 Players Smart Phones (Blackberry/iPhone/Android) iPads, tablets Many unusual pieces of media

Other Items of Evidence at Scene Computer media relevant to crime Documents surrounding computer Documents in the printer, scanner, trash Web camera (usually on top of monitor) PDA, cell phones with charger/data cable Related software Related cables / power cords / chargers

Home or Business Office http://atlantasmall.biz/

Digital Media Examples External drives / disks External drives/devices

Unusual Digital Media Examples USB devices can be disguised or hidden in any number of everyday items. Micro/Solid State Drive

Extremely concealable media, can be found & stored anywhere… USB Devices Sansa Video Player Micro SD Card http://china.getusb.info/?s=%E4%BD%A0

DATA STORAGE DEVICES SIM Card from Cellular Phone SD Card from Digital Camera

SMART PHONES and GPS DEVICES

Use of CelleBrite UFED to extract evidence from a cell phone Cell phone examination is not necessarily always a “forensic” process. Careful documentation is necessary, communication with officer/prosecutor is key. Use of CelleBrite UFED to extract evidence from a cell phone

Collection of Evidence Generally, if the device is OFF, leave it OFF. Computer collection versus Mobile device collection Possibility of mobile device connecting to the service provider’s network Erase data New messages overwrite deleted files Save battery power Wire Tap Considerations (date of search warrant or consent to search) Preventing data loss is key

Recoverable Data (Homicide / Suicide) Cell phones / Smart phones (will more likely be close in proximity to victim / suspect) Computers (will likely have more information pertaining to motive or premeditation, possible cell phone information if mobile device was synced) Address books / contacts Emails Location of tower access Social networking Text messaging (SMS/MMS) Web-based messaging Apps Related documents on computer Time and date of events Last activity on the computer/mobile device Last use of the computer/mobile device Internet history In these types of cases, the examiner will likely view millions of files in order to recover that one piece of evidence needed

Recoverable Data Sexual Assault (adult or child, child pornography) Image / Movie files contained on media Cell phones, cameras, web cam, computer Text files, emails/chats concerning event Emails / Peer-to-peer sharing of images or contraband Social networking Internet history and searches

Detailed Time and Date Information If time and date are in question, even if the suspect computer’s time and date have been manipulated, it is still possible determine when certain processes occurred. This is an example of email information telling us what time and date an email hit outside servers.

Detailed Information is Very Important Examiners need specific information related to the case in order to search key words that might be in hidden or deleted files. If the highlighted portion below were the name or address of a victim, for example, then it might be material to the case.

The Forensic Examiner It is extremely important that the examiner is well trained in the software and equipment being utilized. DME is a relatively new field of forensics compared to other areas of the lab. New technology introduced daily Ever-evolving field Updated and regular training to stay informed is critical Association with professional organizations in the field

Anyone involved in digital evidence cases containing extremely graphic images and/or video, such as child pornography, should have or seek coping strategies in order to deal with the emotional trauma caused by the repeated exposure to such content. Supporting Heroes In mental health Foundational Training (SHIFT) Judicial Guide A Judge’s Guide to Exposure to Child Pornography for Court Personnel and Jurors http://shiftwellness.org/

Presenting Digital Evidence in Court Given that the discipline is relatively new and technical, it is important that attorneys presenting the examiner as a witness in court prepares with a pretrial conference. Where was the data was located on the media? What are the limitations of what was recovered? What are all the possibilities for how the data came to be on the piece of media? Is the file user-created or does the media store it automatically? There may be limitations as to what the witness can offer in the examination of digital evidence. For Example…

RESOURCES United States Secret Service, Best Practices for Seizing Electronic Evidence File System Forensic Analysis, by Brian Carrier How Computers Work, by Ron White National Center for Missing and Exploited Children (NCMEC) www.missingkids.com S.H.I.F.T.: Supporting Heros In mental health Foundational Training http://shiftwellness.org/

National Center for Missing and Exploited Children (NCMEC) We continue to work with NCMEC on several cases in order to further identify child victims involved in our casework. We offer the service of forwarding images of identified victims so they can be included in the NCMEC database.

Questions/Comments Jennifer L. Land Forensic Scientist IV Texas Department of Public Safety Crime Laboratory Jennifer.Land@dps.texas.gov