District Attorney Hoovler Announces Creation of Digital Forensics Unit
Within the Orange County District Attorney’s Office
Orange County Digital Forensics Unit “DFU” searches and analyzes digital data retrieved from devices such as cellular telephones, computers and vehicles which have been taken into evidence by police agencies throughout Orange County.
The Orange County Internet Crimes against Children Task Force (ICAC) has been
created to fight child exploitation in Orange County.
DFU is staffed by experienced District Attorney Office Criminal Investigators
who have received enhanced training on the forensically sound techniques need to
obtain and preserve digital evidence.
DFU was created to reduce the time that police agencies mustwait to
have digital devices searched.
District Attorney Hoovler promises ongoing financial commitment to ensure that the
Unit can purchase equipment and licenses to continue its work.
Orange County District Attorney David M. Hoovler announced on July 13, 2023, that he has created within the District Attorney’s Office the Orange County Digital Forensic Unit “DFU”, a unit dedicated to searching for and analyzing digital evidence retrieved from devices such as cellular telephones, computers and vehicles that have been taken into evidence by police agencies throughout Orange County. The unit is patterned after similar unit that exist in the Manhattan and Bronx County District Attorney’s Offices. In addition to searching devices already in evidence, the unit’s staff will also use their extensive experience to aid other Orange County police agencies by:assisting at crime scenes; conducting child exploitation investigations; and, by conducting specialized video DVR extractions. The DFU is led by a Senior Investigator and staffed by two additional full time District Attorney Investigators who collectively have more than 80 years of law enforcement experience and 1500 hours of specialized training in digital forensics and child exploitation investigations. It is expected that the unit may expand as caseloads increase.
The primary mission of the DFU is to assist other law enforcement agencies in Orange County in their investigations by providing expert analysis of digital evidence. This isaccomplished by leveraging specialized training, hardware and software in:
• Conducting forensic examinations of digital devices, such as computers, cell phones, and tablets.
• Extracting and analyzing digital evidence, such as pictures, videos, emails, text messages, and social media posts.
• Conducting Video Extractions from DVR recorders including those locked by passwords.
• Conducting forensic examinations of vehicle infotainment systems and event data recorders (black box examinations).
• Providing high resolution 360 degree crime scene video coverage using the OSCR360 hardware and software package, as well videos created through the use of drones.
• Providing reports created from forensic examinations which are peer reviewed for accuracy and consistency.
• Providing expert testimony in court.
• Creating digital courtroom exhibits, including those that use computer programs that integrate 360-degree crime scene video coverage, with data from body worn cameras and other digital evidence.
“Evidence retrieved from cellular telephones and similar digital devices is regularly used to investigate and prosecute cases and the need to retrieve and analyze that evidence continues to grow,” said District Attorney David M. Hoovler. “It is estimated that nearly two-thirds of crimes, including violent crimes,involve some digital component. Evidence extracted from these devices can include communications between accomplices, threats that have been relayed to victims, the location of defendants during the time of the commission of a crime, and even internet searches that an offender has done in preparation of committing an offense. Importantly, this evidence can also exculpate a person who might otherwise be suspected of an offense.”
The DFU only conducts searches of devices after ensuring that either a judge has signed a search warrant authorizing the search of the device for particularly described evidence, or when the owner of the device consents to the search. Courts have long recognized that devices such as cellular telephones contain a huge amount of personal and confidential data. The District Attorney’s Office regularly works with police agencies to ensure that applications for warrants to search these devices are not constitutionally overbroad and that privacy rights are not illegally violated. At the same time, digital evidence is crucialto both the investigation and prosecution of crimes.
District Attorney Hoovler has spent over $250,000 to purchasecomputer equipment for the unit, as well as for licenses for the computer programs that can unlock or “break” digital devices so that data constituting evidence can be retrieved. District Attorney Hoovler plans on spending approximately $300,000 more on additional equipment, licenses, to as well as to pay for the ongoing training required for the investigators assigned to the unit. This continued commitment will be instrumental in keeping ahead of technical challenges as will develop.
“As the technology that we use in our personal live rapidly evolves, criminals will use that same technology to commit crimes,” said District Attorney Hoovler. “Law enforcement must adapt to rapidly evolving technologies to protect the public,while at the same time ensuring that privacy rights are observed. Digital evidence must be handled in a forensically sound manner. It is only through the expertise of specialized units, such as the DFU, that these goals can be accomplished.”
The DFU has also registered as an affiliate of the New York State Internet Crimes against Children Task Force (ICAC). The DFU has entered into partnerships with ICAC on a New York State and National level to effectively investigate these horrendous crimes in Orange County and to assist local law enforcement partners with ICAC investigations within their jurisdictions.
“Our Investigators have received extensive training in conducting investigations involving crimes against children,” said District Attorney David M. Hoovler. “The DFU will assist other Orange County police agencies in the technical aspects of these investigations and will also to conduct its own investigations into those who actively download and disseminatechild pornography. DFU staff will used their training along with specialized software and hardware to locate, investigate and arrest the people responsible for disseminating child pornography in Orange County. The unit’s focus is on protecting children by actively locating the victims of these horrendous acts and prosecuting those who profit from their exploitation.”
The DFU will also assist Orange County police agencies atcrime scenes by using specialized hardware and software to document both interior and exterior crime scenes. This will be accomplished by using a drone for exterior scene imaging and the OSCR360 Camera system and associated software for interior scenes. This specialized equipment will allow agencies to use cutting edge equipment and software to document their scenes. The OSCR360 Camera is able to capture high definition 360 degree photographs of interior scenes, and the drone is able to capture high definition of exterior scenes from any angle.
The digital court exhibits created by the DFU will aid prosecutors in presenting to juries the often complex and voluminous digital evidence required in today’s prosecutions. The more juries understand the evidence that is presented to them, the better our criminal justice system works.