Scenario:
You are a police officer responding to a domestic violence call where the injured victim claims there is video evidence of the assault on the suspect's smartwatch, which is synced to the suspect's phone and cloud storage. While speaking with the victim on scene, the victim also claims there may be "kiddie porn" on the suspects devices. The suspect is still on scene and is becoming increasingly agitated while you sort out the incident. How do you handle this situation?
Please number your responses when answering the following questions:
1. Upon arrival on scene, how would you balance the immediate safety concerns and visible injuries observed on the victim with proper digital evidence collection procedures since the Suspect is still on scene?
2. Explain what an SOP is and why it is important for agencies to have SOPs.
3. Based on your department SOPs on digital forensic evidence, describe how you would secure and/or collect potential evidence at the scene? Refer to the MPD Standard Operating Procedures. (NOTE: If you are currently employed with a law enforcement agency, then use your own SOP)
4. Explain how your police officer actions in response to this scenario might affect the admissibility of the evidence in court.
Consider these factors in your response:
Chain of custody requirements, Risk of evidence loss, Suspect remaining on scene, Officer and victim safety, need for immediate evidence preservation, and department policy.
Include a title page, a reference page of resources used to answer questions 1-4, and submit a typed MS Word document. Length: 2 pages max excluding title page and reference page. Minimum of two scholarly resourc
Sample Answer
Response to Domestic Violence and Digital Evidence Scenario
1. Balancing Immediate Safety and Evidence Collection
Upon arrival, the immediate priority is the safety of the victim, other occupants, and all responding officers. This approach aligns with the core duty of first responders and supersedes digital evidence collection procedures.
Establish Scene Safety: The primary step is to separate and control the suspect. Given the suspect's agitation, the officer must quickly conduct a safety pat-down (if reasonable suspicion exists) and place the suspect in a controlled area (e.g., the patrol car or a separate room, ideally with another officer for monitoring). This neutralizes the immediate threat and prevents the suspect from destroying evidence.
Victim Care and Documentation: The officer must immediately attend to the victim's visible injuries, call for medical assistance if necessary, and ensure the victim is safe and calm enough to speak. While doing so, the officer must begin documenting the scene, the visible injuries, and the victim’s statements, including the claim about the video evidence on the smartwatch/phone and the claim of child pornography (CP).
Initial Digital Preservation (Immediate Triage): Once safety is secured, the officer must focus on preserving the volatile digital evidence. The claim of CP introduces a felony-level crime and justifies immediate, urgent action to prevent loss. The risk of the suspect remotely wiping the devices (especially the smartwatch synced to the cloud/phone) is extremely high.
If the suspect's devices (phone/watch) are within immediate reach and unsecured, the officer may need to invoke exigent circumstances to prevent the remote destruction of the evidence. Devices must be isolated (e.g., placed in a Faraday bag or simply turning them off/putting them on airplane mode, if turning them off risks losing volatile data).
In summary, safety is addressed first by controlling the suspect; then, the immediate, high risk of digital evidence loss (especially CP evidence) triggers exigent circumstances for initial preservation.
Standard Operating Procedures (SOPs) and Importance
A Standard Operating Procedure (SOP) is a set of written instructions that documents the regular, recurring activities performed within a law enforcement agency or organization. It details the step-by-step procedures to ensure consistency, quality, and compliance in the execution of specific tasks.
Importance of SOPs:
Consistency and Professionalism: SOPs ensure that all officers handle similar situations (like evidence collection) in the same manner, regardless of the individual officer, which is vital for maintaining professional standards.
Legal Defensibility: They provide a baseline for legally sound practice. Following an SOP demonstrates that the police acted according to accepted protocols, which is critical for defending the admissibility of evidence in court.
Officer Safety and Training: SOPs establish safety guidelines and serve as the foundation for training new personnel.
Policy Compliance: They ensure adherence to constitutional requirements (Fourth Amendment) and state/federal laws regarding search, seizure, and privacy.
3. Securing and Collecting Potential Evidence at the Scene (Based on General Digital Forensic SOPs)
While specific MPD (Metropolitan Police Department) SOPs vary, most law enforcement agency protocols for digital evidence emphasize preservation, minimizing alteration, and documentation. Given the scenario, the steps would be: