Discusses the role of digital evidence, considering the science of digital evidence and the role of the digital evidence expert in criminal cases. A case study and legal context are also provided.
Steve L Rogers
Steve Rogers, EnCE, A+, CNA, formerly worked in law enforcement, having retired from the RCMP in 2003 as staff sergeant in charge of the “O” Division Technological Crime Unit. He began conducting digital forensics in 1994 and was subsequently transferred to the “O” Division Technological Crime Unit. Since retiring from the RCMP, he has continued digital forensics investigations through his private investigation agency, Digital Evidence International Inc., in London, Ontario. Mr. Rogers has conducted or assisted with the examination of thousands of pieces of digital evidence in cases such as murder, fraud, proceeds of crime, theft of intellectual property, copyright, and child pornography. In Mr. Rogers’s practice, he provides unbiased and impartial analysis of digital evidence in civil matters as well as criminal matters for both the defence and law enforcement communities. He has provided expert reports, affidavit evidence, and has testified at trial for both civil and criminal matters.
Daniel L Scanlan
Daniel M. Scanlan, BA, LLB, has been with the Criminal Justice Branch since 1999 and is currently assigned to the Prosecution Support Unit where he specializes in issues related to digital evidence, search and seizure, and wiretaps. His litigation practice is focused on cases with cyber crime or electronic evidence issues. He teaches a course on electronic evidence to B.C. Crown counsel and has been responsible for policy on electronic disclosure, electronic evidence, and related issues. Mr. Scanlan acts as a resource person to B.C. police in his fields. He has authored a book entitled Digital Evidence in Criminal Law (Toronto: Canada Law Book, 2011). He has in the past prosecuted cases of assault, murder, fraud, and assisted suicide. Mr. Scanlan provided advice to police on investigations regarding child pornography, Internet luring, computer hacking, and wiretap evidence. Prior to joining the Victoria office, he was a prosecutor with the federal Department of Justice from December 1992, and was in private practice prior to that with the firm of Singleton Urquhart in Vancouver.