FW: Evidence Dynamics, was => Re: boobytraps

From: Matt Pepe (mtpepe@code-monks.com)
Date: Mon Dec 03 2001 - 20:21:03 PST

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    Wow, we have more tangents here than a 6th grade geometry class.
    Now we are dealing with trained peole (EMTs) instead of 
    some random joe who finds a body? Yes, that does change everything.
    
    (cut and paste from a private e-mail I sent out to another
    person)
    I was alluding to the point that
    digital evidence in general is more volatile than most 
    physical evidence. Simply walking in to a crime scene 
    and "viewing the pages in the subject's IE history" may have 
    a high possibility of altering or obscuring evidence and 
    destroying information of probative value. (Example given 
    from a US Marshall on an actual search that I was on recently.)
    While information relating to the case may still be recovered
    from the media, going through the process of explaining to the
    court why elements of the case were altered can be a huge 
    headache, and is better avoided altogether. The information
    is hardly ever suppressed for issues like these, but in a court
    system where every case involving more advanced topics time is 
    spent explaining definitions and theory It is better to ensure 
    these issues don't come up at all (advanced from the point of view 
    of the local cummunity or judge.)
    
    That is what I was driving at in too few words. Other than clearing
    that up, our opinions on the subject are quite similar - most likely 
    because we worked for the same organization. :)  I was tempted to 
    give another analogy.. A woodchuck, a priest and a EMT walk in to a bar..
    
    -- Matt
    
    -----Original Message-----
    From: Rob Lee [mailto:robat_private]
    Sent: Saturday, December 01, 2001 1:51 AM
    To: 'Matt Pepe'; forensicsat_private
    Subject: RE: Evidence Dynamics, was => Re: boobytraps
    
    
    >  Actually, I contend that this is an invalid analogy.
    > If a body is disturbed, forensic evidence from fluids
    > and fibers remains intact, unless you decide to clean
    > up really quick and pile a few bodies in the corner..
    >  On the digital side, if actions are taken, there is
    > a nearly 100% chance that the media will be altered.
    
    Yes I agree.  Anything you do changes thing... including doing nothing.
    <stuff deleted..>
    
    
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