First watch this video on What is an SOP: What is a standard operating procedure (SOP)?
Then use the SOP for the Madison Police Department as a guide to complete this assignment: City of Madison SOP Digital Evidence collection
This case analysis explores the challenges of digital evidence collection in dynamic crime scenes, focusing on the balance between standard operating procedures, officer safety, and evidence preservation.
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.
Sample Answer
This scenario requires balancing the immediate need for officer and victim safety with the complex procedures required for digital evidence collection and addressing an allegation of a separate, serious felony (possession of child pornography).
Here is the numbered response based on the Madison Police Department (MPD) SOP on Digital Evidence Collection:
1. Balancing Safety and Evidence Collection
Upon arrival, the immediate priority is always safety and securing the scene. The presence of an agitated suspect in a domestic violence situation dictates the following sequence:
Secure the Scene and Suspect: Immediately focus on separating and controlling the suspect. This may involve verbal de-escalation, physical restraint, or arrest based on the totality of the circumstances (e.g., visible injuries, level of agitation). The suspect must be neutralized as a threat to the victim, officers, and the evidence.
Prioritize Victim Safety and Medical Needs: Immediately assess the victim's visible injuries and ensure they are safe and receiving necessary medical attention. Documenting the injuries is a priority.
Initial Triage of Digital Evidence (Non-Intrusive): While securing the suspect and victim, simultaneously address the digital evidence based on the urgency of preservation.
Smartwatch: The watch must be secured immediately to prevent data from being overwritten, deleted remotely, or the battery dying. Following MPD SOP 4.2.1, if the device is ON, DO NOT TURN IT OFF. Keep it powered and attempt to place it in airplane mode if safe and feasible to prevent remote wiping.
Smartphone: Since the phone is linked to the watch, it must also be secured. If the suspect is arrested, the phone should be secured with their property. If the phone is ON, DO NOT ATTEMPT TO LOG IN (MPD SOP 4.2.1).
Documentation: Quickly document the location and condition of all devices before seizure.