Electronic Evidence

Did you know that certain states (like Michigan and South Carolina) empower professional investigators to collect electronic evidence (like emails, deleted files and text) and establish a chain of custody. What that means is a professional investigator can testify in a court of law to any electronic evidence collected.

Below is an excerpt from the Michigan Professional Licensure Act 285 that defines what services a professional investigator can perform. The section dealing with the collection and testimony of electronic evidence have been highlighted for ease of reading:

(e) "Investigation business" means a business that, for a fee, reward, or other consideration, engages in business or accepts employment to furnish, or subcontracts or agrees to make, or makes an investigation for the purpose of obtaining information with reference to any of the following:

• (i) Crimes or wrongs done or threatened against the United States or a state or territory of the United States, or any other person or legal entity.
• (ii) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person.
• (iii) The location, disposition, or recovery of lost or stolen property.
• (iv) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or property.
• (v) Securing evidence to be used before a court, board, officer, or investigating committee.
• (vi) The prevention, detection, and removal of surreptitiously installed devices designed for eavesdropping or observation, or both.
• (vii) The electronic tracking of the location of an individual or motor vehicle for purposes of detection or investigation.
• (viii) Computer forensics to be used as evidence before a court, board, officer, or investigating committee.

And to be clear, "Computer Forensics" is defined as:

(b) "Computer forensics" means the collection, investigation, analysis, and scientific examination of data held on, or retrieved from, computers, computer networks, computer storage media, electronic devices, electronic storage media, or electronic networks, or any combination thereof.