Intact Evidence for Admissible Court Proceedings | SY0-601 Exam Prep

Key Elements for Admissibility of Evidence in Court

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Question

Which of the following must be intact for evidence to be admissible in court?

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Explanations

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A. B. C. D.

A.

The correct answer is A. Chain of custody.

When digital evidence is collected, preserved, analyzed, and presented in court, it is essential to maintain a proper chain of custody. A chain of custody refers to the documentation of every person who has handled the evidence, where it has been, and what has been done to it at every stage of the investigation. The purpose of maintaining a chain of custody is to demonstrate that the evidence is authentic, has not been tampered with, and that there is no doubt about its integrity.

To establish a chain of custody, investigators must maintain strict documentation of every step of the evidence-handling process. This includes logging the time and date of collection, the name of the person who collected it, and the location where it was found. The evidence should be stored in a secure location to prevent contamination or tampering. All actions performed on the evidence should also be documented, such as analysis or copying.

The chain of custody must remain unbroken from the moment the evidence is collected until it is presented in court. Any gaps in the documentation or deviations from the standard procedures can raise doubts about the authenticity and reliability of the evidence, potentially leading to its inadmissibility in court.

Order of volatility refers to the principle of collecting digital evidence in the order of its volatility, starting with the most volatile data first. This ensures that the most volatile data, which can easily be lost or destroyed, is collected and preserved before less volatile data.

Legal hold is a process of preserving evidence when a legal matter is pending. This is done to prevent the destruction or alteration of evidence that may be relevant to the case.

Preservation refers to the process of securing and protecting evidence to maintain its integrity and prevent tampering or alteration. It is an important step in the collection and handling of digital evidence, but it is not the only requirement for evidence to be admissible in court.