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Computer Forensics Docket Sheet

By ALM Staff | Law Journal Newsletters |
November 29, 2004

Court Orders Gov't To Give Defendant
Hard Drive Mirror Image

In a criminal proceeding, the government seized the defendant's computer to search for evidence that the defendant unlawfully transferred obscene pictures over the Internet. After the seizure, the defendant requested that the government provide him with a mirror image of his computer hard drive to allow his computer forensics expert to examine the drive for potential evidence. In an affidavit, the forensics expert declared he planned to form an opinion, based on his examination of the hard drive, as to whether the defendant knowingly received the obscene images. The expert stated that a mirror image was necessary so he could perform his analysis in his own laboratory, using his own computer forensics software and hardware, which might be difficult to transport to another location. The government objected, declaring the defense forensics expert could review the mirror image only under its supervision. Determining that the hard drive could contain relevant dates, times and circumstances surrounding the receipt of the pictures, the court ordered the government to produce the mirror image. United States v. Alexander, 2004 WL 2095701 (E.D.Mich. Sept. 14, 2004).



Michele C.S. Lange Charity Delich E-Discovery Case Law Update Computer Forensics www.krollontrack.com e-Discovery Law & Strategy [email protected]

Court Orders Gov't To Give Defendant
Hard Drive Mirror Image

In a criminal proceeding, the government seized the defendant's computer to search for evidence that the defendant unlawfully transferred obscene pictures over the Internet. After the seizure, the defendant requested that the government provide him with a mirror image of his computer hard drive to allow his computer forensics expert to examine the drive for potential evidence. In an affidavit, the forensics expert declared he planned to form an opinion, based on his examination of the hard drive, as to whether the defendant knowingly received the obscene images. The expert stated that a mirror image was necessary so he could perform his analysis in his own laboratory, using his own computer forensics software and hardware, which might be difficult to transport to another location. The government objected, declaring the defense forensics expert could review the mirror image only under its supervision. Determining that the hard drive could contain relevant dates, times and circumstances surrounding the receipt of the pictures, the court ordered the government to produce the mirror image. United States v. Alexander, 2004 WL 2095701 (E.D.Mich. Sept. 14, 2004).



Michele C.S. Lange Charity Delich E-Discovery Case Law Update Computer Forensics www.krollontrack.com e-Discovery Law & Strategy [email protected]
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