The use of electronic evidence in forensic investigation

Abstract

For millions of people worldwide the use of computers has become a central part of life. Criminals are exploiting these technological advances for illegal activities. This growth of technology has therefore produced a completely new source of evidence referred to as ‘electronic evidence’. In light of this the researcher focused on the collection of electronic evidence and its admissibility at trial. The study intends to assist and give guidance to investigators to collect electronic evidence properly and legally and ensure that it is admitted as evidence in court. Electronic evidence is fragile and volatile by nature and therefore requires the investigator always to exercise reasonable care during its collection, preservation and analysis to protect its identity and integrity. The legal requirements that the collected electronic evidence must satisfy for it to be admissible in court are relevance, reliability, and authenticity.

When presenting the evidence in court the investigator should always keep in mind that the judges are not specialists in the computing environment and that therefore the investigator must be able to explain how the chain of custody was maintained during the collection, preservation and analysis of electronic evidence. The complex technology behind electronic evidence must be clearly explained so that the court is able to understand the evidence in a way that an ordinary person or those who have never used a computer before can. This is because the court always relies on the expertise of the investigator to understand electronic evidence and make a ruling on matters related to it.