Policy Text
Page 1 of 4 - General Order 7 -27 (11/30/23)
DIGITAL EVIDENCE PROCEDURES RICHMOND POLICE DEPARTMENT
GENERAL ORDER
Subject: DIGITAL EVIDENCE PROCEDURES
Chapter
7 Number
27 # Pages
4
References:
CALEA: 83.2.5
Related Orders: 3 -12 Effective Date: 11/30/2023
Revised by: Review
Prv. Rev. Date: 04/23/2020
Chief of Police :
I. PURPOS E
The purpose of this directive is to facilitate the identification, investigation and
prosecution of persons who utilize electronic equipment in the furtherance of criminal
activity.
II. SUMMARY OF CHANGE
This policy is due for review. Procedures for transporting a mobile phone has been
updated. All changes will be bold and italicized.
III. POLIC Y
It is the policy of the Richmond Police Department that, during criminal investigations,
only agency designated employees that are trained in proper digital evi dence handling
techniques (hereafter referred to as “Digital Evidence Collection Specialists ” or
“DECS ”), or who are acting under the direction of such persons , shall seize digital
evidence. In addition, the analysis of such evidence, whether done on -scene or after
seizure may only be performed by those persons designated as Computer Forensic
Examiners . [CALEA 83.2.5]
IV. ACCOUNTABILITY STATEMENT
All employees ar e expected to fully comply with the guidelines and timelines set forth in
this general order. Failure to comply will result in appropriate corrective action.
Responsibility rests with the Division Commander to ensure that any violations of policy
are inv estigated and appropriate training, counseling and/or disciplinary action is
initiated.
This directive is for internal use only, and does not enlarge an employee’s civil liability
in any way. It should not be construed as the creation of a higher standar d of safety or
case in an evidentiary sense, with respect to third party claims. Violation of this
directive, if proven, can only form the basis of a complaint by this Department, and then
only in a non -judicial administrative setting.
Page 2 of 4 - General Order 7 -27 (11/30/23)
DIGITAL EVIDENCE PROCEDURES V. DEFINITIONS
A. Compute r Forensic Examiner – An authorized sworn or civilian member of the
Richmond Police Department formally trained and certified in the techniques of
electronic data recovery and seizure .
B. Digital Evidence – Computers, cell phones, hard drives , tablets , USB de vices,
camera, CD/DVD media, removable media (SD cards, memory sticks, etc.), legacy
media (floppy disks, tape cartridges, etc.) , or other devices designed to hold data in
a digital format.
C. Digital Evidence Collection Specialist – An authorized sworn or ci vilian member
of the Richmond Police Department trained in the collection of digital evidence.
Attendance at any such training taught by members of the Richmond Police
Department’s Computer Crimes Unit or an approved outside agency will suffice
for this de signation.
D. Digital Information Processing Machines – Computers, personal digital assistants
(PDAs), MP3 players, digital cameras or other electronic devices designed to
interpret or manipulate information stored in digital format on devices such as
those l isted under “Digital Evidence” above .
VI. PROCEDURE
This policy shall apply only in those cases where data residing on computer systems,
cell phones, tablets, recording devices and /or other storage media are being sought as
evidence in an investigation.
A. Seizur e: [CALEA 83.2.5 ]
1. No Department member, except those designated as digital evidence
collection specialists , or who are acting under the direction of such
employe es, shall power -off, disconnect, power -on or access a computer
system, cell phone, recording device or other type of storage media that is to
be seized.
2. When it is determined that digital evidence is to be seized and processed and
neither an examiner nor collection specialist is available, the supervisor shall
contact the on -call forensic examiner and request him/her to respond on -
scene . Investigators who knowingly have digital evidence as targets in their
search warrants will need to either have a collecti on specialist on hand for the
execution of the warrant or will need to contact the on -call member of the
Computer Crimes Unit to assist.
3. Any questions regarding equipment seizure (wording of search warrants,
etc.) can be addressed by contacting the Compute r Crimes Unit during
normal business hours or by contacting the Department of Emergency
Communications (DEC) during non -business hours. Inquiries to the DEC
will be directed to the on -call investigator.
Page 3 of 4 - General Order 7-27 (11/30/23)
DIGITAL EVIDENCE PROCEDURES B. Transport:
1. Where applicable, a forensic examiner or digital evidence collection
specialist should handle the transport of seized digital evidence.
2. If a computer forensic examiner or evidence collection specialist is unable to
physically assist in the transportation of the seized items, the sworn officer or
on-scene investigator must adhere to the following:
a) All items shall be packaged in a manner suitable for safe/secure
transport;
b) All items shall be labeled so they are readily identifiable; and,
c) At no time shall items be placed
.
3. If the device to be transported is a cell