Managing Digital Evidence.

• Author: Ceresato, Erick

With the proliferation of data, from cell phone data and video footage to photographs and documentation, the volume and variety of digital evidence included in cases is growing exponentially. Managing the sheer volume of data presents additional challenges, from the receipt of exhibits, disclosure, storage, and disposition. Likewise, the data has to be readily accessible to attorneys and the chain-of-evidence secured throughout the lifecycle of the exhibit.

To address these challenges, a growing number of jurisdictions and district attorney offices are adopting modern technology designed specifically for the digital chain of custody to facilitate collaboration between agencies, businesses, and the public. Getting internal buy-in and resources to invest in new software and develop new processes isn't always easy, but the benefits go far beyond improving file management. Modern digital evidence management solutions make it easier to share information with stakeholders, protect sensitive files from being viewed by unauthorized parties, maintain compliance with regulatory requirements, and build trust through greater transparency.

To illustrate the difference, let's look at the example of Galveston County, Texas. In 2018, Galveston's District Attorney and Sherriff's Office needed a solution that could effectively manage, store, and disseminate digital evidence while also adapting to new discovery guidelines introduced by the Texas State Legislature. The new legislation stipulated that prosecution offices must share all items of evidence with defense attorneys prior to any plea or trial and must be able to prove what evidence was turned over and when. To meet these needs, the Galveston District Attorney's Office and Sherriff's Office turned to a web-based, software-as-a-service (SaaS) solution designed specifically to manage their digital evidence.

They quickly discovered the new process not only made sharing evidence more efficient but also improved collaboration. Here are a few key learnings and best practices they discovered along the way.

DIGITAL EVIDENCE MANAGEMENT CAN ENSURE PROPER STORAGE, AUDIT TRAILS, AND COMPLIANCE

Galveston County is not unique in the ever-increasing amount of data it is collecting and sharing. The initial solution was to store all digital evidence on a drive on the Sheriff's Offices network. However, the evidence could not be secured to the required levels because the network was designed to serve many teams and...