Legal Issues Involving Digital Evidence
There are special rules for collecting and handling digital evidence. However, the process for obtaining the electronic devices and the evidence on them in the first place must follow established legal principles. The law asks two basic questions about evidence:
- Did the person or organization that collected the evidence have the legal authority to do so?
- Is the evidence admissible in court?
Legal principles and statutes are used to address the first question. These laws focus on the situations where a private entity or the government can collect information about a person.
Court rules and case law are used to address the second question. Both the federal government and state governments have trial court ...
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