15.15 Title: DIGITAL EVIDENCE AURORA POLICE DEPARTMENT DIRECTIVES MANUAL Approved By: Nick Metz, Chief of Police Effective: 11/09/2006 Revised: 02/24/2017 Associated Policy: DM 08.09 References: DM 16.03, DM 16.04 Review: Crime Lab Section Lieutenant Page 1 of 5 15.15 DIGITAL EVIDENCE Other than Crime Lab personnel, members of the Department will utilize digital photography as the primary means of capturing photographic images of evidentiary value. Members are encouraged to utilize Department issued devices to capture photographic images of crime or traffic scenes. Other than Crime Lab personnel, members of the Department will utilize body worn cameras and/or the COBAN in car camera system as the primary means of capturing video and audio recording of evidentiary value. Use of the COBAN system and body worn cameras will be governed by directives 16.03 and 16.04, respectively. Members of the Crime Lab are trained and authorized to use several different types of media for image capture. 15.15.1 Definitions Digital Evidence: Any evidence in a digital format including but not limited to photo, video and audio. Digital Image: Static data elements intended for display on a computer monitor and/or transformation to a printed format. Copy Image: A reproduction of information contained in a primary or original image. Working Image: A copy of any image subjected to processing. Primary Image: Refers to the first instance in which an image is recorded onto any media that is a separate, identifiable object or objects. Examples include a digital image recorded on a flash card or a digital image downloaded from the internet. Original Image: An accurate and complete replica of the primary image, irrespective of media. For film and analog video, the primary image is the original image.
15.15 DIGITAL EVIDENCE Page 2 of 5 Image Processing: Any activity that transforms an input image into an output image. NOTE: Image processing does not mean that the input image is overwritten during the process. Forensic image processing should only be performed on working images. Image Enhancement: Any process intended to improve the visual appearance of an image. Only members specifically authorized by the Crime Lab Lieutenant may enhance or otherwise alter the visual appearance of images of evidentiary value. Archive Image: An original or primary image recorded in an unalterable format. The original image should be stored and maintained in an unaltered state. This includes maintaining original digital images in their original file formats. The following media are recommended for the preservation of original images because of their quality, durability, permanence, and reliability: silver-based film, CD-r, and DVD-r. The following are not considered to be acceptable for the preservation of original images: re-writable storage media, instant film, inkjet prints, solid ink prints, thermal wax paper prints, dye-sublimation prints, dry-silver prints, laser prints, or electro-static prints. Images of Evidentiary Value: All images stored in any media (film, digital, video, etc.) of any crime scene or evidence whether captured on a Department owned device (camera, cellular telephone camera, etc.) or a personally owned device. 15.15.2 Photographic Devices The Crime Lab will maintain sufficient equipment to accurately document crime scenes and/or evidence in a format conducive to courtroom presentation. The Crime Lab Lieutenant is responsible for ensuring the equipment utilized by Crime Lab personnel is adequate and compatible with the needs of the courts within the jurisdiction of the City of Aurora. The Department has standardized the digital cameras available for use by other members. These cameras are distributed to the Districts and various support units with protective cases. Unit command officers are responsible for the accountability and maintenance of the cameras. Cameras will be set to the maximum resolution with a file type as determined by the Crime Lab. Prior to purchase, acquisition or use, the Electronic Support Section will review any request for non-standard camera equipment with the exception of equipment utilized by the Crime Lab Section, Narcotics Section and the Special Investigation Unit. The Electronic Support Section will maintain a list of cameras approved for use by the Department.
15.15 DIGITAL EVIDENCE Page 3 of 5 15.15.3 Photography The standardized Department camera is available to capture images of crime scenes and/or evidence, but is not intended to replace Crime Scene Investigators (CSI) being called to a scene. A CSI will be called to a scene if there is evidence to process other than simple photography. Non-Crime Lab members may take digital photographs of crime scenes/evidence to preserve evidence and to supplement those taken by the CSI. All photographs of a crime scene and/or evidence, captured in any media through the use of a Department device or personally owned device are considered evidence. As such, members will surrender all photographs of crime scenes and evidence to the Crime Lab. In the event the member cannot download an image from a device, the device will be submitted to the Property and Evidence Unit to be held for the Crime Lab. Film photography is restricted to Crime Lab use only. 15.15.4 Archiving Digital Evidence The Department will provide a single point of storage for all digital evidence produced by members. This will include digital evidence recovered and enhanced by authorized members. All digital evidence will be transferred to the Crime Lab for storage on the digital media management system. The member may upload the images using the Foray Digital Acquire program which is installed on computers placed at various locations throughout the Department. The following information is to be supplied at the time of the upload: Report number Number of images/files Nature of call Location where digital evidence was captured Date digital evidence was captured Name of member capturing the digital evidence As an alternative, the member may deliver the device to the Crime Lab where authorized Crime Lab personnel will upload and appropriately label the evidence. Members recovering/collecting digital evidence at a crime scene will place that evidence into the property/evidence unit and will provide a brief description in the narrative portion of their report.
15.15 DIGITAL EVIDENCE Page 4 of 5 Members are not authorized to upload digital evidence to the Versadex Records Management System. Computer forensic examiners are exempt from this portion of this directive as it relates to their forensic examination of computers. 15.15.5 Storage of Digital Evidence The Crime Lab Lieutenant is designated the custodian of the Archive Images. They will also be the system administrator for storage of digital evidence. The system administrator is responsible for: Setting user permission levels within the system. Retrieval of data from the main storage server. Creation of case file or electronic media access for court case. Grant users permission to create case file for discovery. Classification of data for long term storage. 15.15.6 Processing and Enhancement of Digital Evidence Only members specifically authorized by the Crime Lab Lieutenant may enhance digital evidence. Under no circumstances will an Archive file be altered. Authorized members will only enhance Working/Copy files. All members enhancing digital evidence will be subject to the Crime Lab standard operating procedures dealing with digital evidence. The Crime Lab is responsible for processing all non-law enforcement/public requests for digital evidence. The Crime Lab will maintain the fee structure for creating printed versions and/or digital copies of images for the public. The Crime Lab will be the primary responsible entity for processing digital evidence for cases not assigned within the RMS to specific Agents/Officers. Members assigned to investigative positions will be granted the proper privileges to reproduce digital evidence. Members will not reproduce digital evidence for any other reason than for fulfilling a legitimate law enforcement request and/or for their specific needs for court preparation. Members will not publish or otherwise make public any digital evidence without permission from the Chief of Police or designee. 15.15.7 Digital Audio Recordings Members are encouraged to use video recording capabilities for interviews. In the absence of video recording capabilities, members are encouraged to use digital audio recorders to document interviews.
15.15 DIGITAL EVIDENCE Page 5 of 5 Software for City approved digital recorders will be loaded on all city computers which have the Foray Digital Acquire program. Members will upload digital audio evidence, in accordance with Directive 15.15.4 Archiving Digital Evidence. This will be done using the Foray Digital Acquire program which is installed on computers placed at various locations throughout the Department. The digital audio files should be saved as.wav files. 15.15.8 Photo Red Light Digital Records The Photo Red Light Enforcement system captures continuous video recordings. The system captures digital photographs of a violation when the system is activated by a red light violation. The data is stored for 30 days and can be viewed within that time frame. The electronic evidence and video storage is maintained by and in the custody of a private vendor under contract with the City of Aurora. The photographic and video evidence is collected and maintained for the primary purpose of enforcing the failed to stop at red light ordinance. The Traffic Section, Photo Red Light Enforcement Officers are the primary users of the information and have access to view the evidence. Occasionally the Department may need to use the evidence collected or the recorded video for criminal and/or internal investigations. When applicable, the investigator will contact the Traffic Section to access the digital evidence. If the investigator finds evidence germane to the criminal and/or internal case, with the assistance of the Traffic Section, the evidence will be copied and preserved in accordance with this directive. Because video is a compelling medium for instruction and learning, the use of video or photographs obtained by the Photo Enforcement systems may be utilized for public education. Steps must be taken to ensure the identity of the violator cannot be revealed through images contained in presentations for educational purposes. The digital evidence will not be used for any purpose other than listed above, except in rare circumstances where compelling need is outlined and then only with the approval of the Traffic Section Commander. The evidence will not be available to the public unless compelled by court order.