Policy Text
Policy Delano Police Department
810 Delano PD Policy Manual
Computers and Digital Evidence
810.1 PURPOSE AND SCOPE
This policy establishes procedures for the seizure and storage of computers, personal
communications devices (PCDs) digital cameras, digital recorders and other electronic devices
that are capable of storing digital information; and for the preservation and storage of digital
evidence. All evidence seized and/or processed pursuant to this policy shall be done so in
compliance with clearly established Fourth Amendment and search and seizure provisions.
810.2 SEIZING COMPUTERS AND RELATED EVIDENCE
Computer equipment requires specialized training and handling to preserve its value as evidence.
Officers should be aware of the potential to destroy information through careless or improper
handling, and utilize the most knowledgeable available resources. When seizing a computer and
accessories the following steps should be taken:
(a) Photograph each item, front and back, specifically including cable connections to other
items. Look for a phone line or cable to a modem for Internet access.
(b) Do not overlook the possibility of the presence of physical evidence on and around
the hardware relevant to the particular investigation such as fingerprints, biological or
trace evidence, and/or documents.
(c) If the computer is off, do not turn it on.
(d) If the computer is on, do not shut it down normally and do not click on anything or
examine any files.
1. Photograph the screen, if possible, and note any programs or windows that
appear to be open and running.
2. Disconnect the power cable from the back of the computer box or if a portable
notebook style, disconnect any power cable from the case and remove the
battery).
(e) Label each item with case number, evidence sheet number, and item number.
(f) Handle and transport the computer and storage media (e.g., tape, discs, memory
cards, flash memory, external drives) with care so that potential evidence is not lost.
(g) Lodge all computer items in the Property Room. Do not store computers where normal
room temperature and humidity is not maintained.
(h) At minimum, officers should document the following in related reports:
1. Where the computer was located and whether or not it was in operation.
2. Who was using it at the time.
3. Who claimed ownership.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Computers and Digital Evidence - 1
Published with permission by Delano Police Department