Orange County District Attorney David M. Hoovler recently announced the creation of the Orange County Digital Forensic Unit, or “DFU,” a new unit within the DA’s office that will be “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 will be based on similar task forces already established in districts such as the Manhattan and Bronx County district attorney’s offices. Aside from searching devices already in evidence, DA Hoovler said the DFU will also provide support to Orange County police agencies by: assisting at crime scenes; conducting child exploitation investigations; and, by conducting specialized video DVR extractions.

The DFU will be led by a senior investigator and staffed by two additional full time district attorney investigators with specialized training in digital forensics and child exploitation investigations. Hoovler noted that the DFU may expand as caseloads increase.

According to the announcement, the DFU’s scope includes:

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 as videos created through the use of drones.
Providing reports created from forensic examinations that 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 DA 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.”

It should be noted that the DFU is only authorized to conduct searches of devices after 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. “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,” the announcement explained. “At the same time, digital evidence is crucial to both the investigation and prosecution of crimes.”

Hoovler has spent at least $250,000 to purchase computer equipment and licenses for computer programs that can unlock or “break” digital devices to retrieve evidence. Hoovler expects to spend at least $300,000 more on additional equipment, licenses, and ongoing training for the investigators assigned to the DFU.

“As the technology that we use in our personal live rapidly evolves, criminals will use that same technology to commit crimes,” said 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 registered as an affiliate of the New York State Internet Crimes against Children Task Force (ICAC). The unit also entered into partnerships with ICAC on a state and national level to investigate these 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 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 disseminate child 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.”

When it comes to crime scene mapping, the DFU will help Orange County police agencies by using specialized hardware and software to document both the interior and exterior of crime scenes. This includes using a drone for exterior scene imaging and the OSCR360 camera system and associated software for interior scenes. The DA’s office noted that the OSCR360 camera can capture high-definition 360-degree photographs of interior scenes, and the drone can capture high-definition images of exterior scenes from any angle.