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Physical and Testimonial Evidence


Quite a number of departments have not done sufficiently enough on matters digital security. This is due limited budgeting, rapid increase of digital devices and to some extent lack of proper training.

Executing digital evidence involves licenses, equipments and personnel costs which is relatively expensive. Financing these efforts can difficult for smaller departments. It is important that regional models are put in place together with other forms where officers can seek help.

Proper and advanced training is at the moment not part of curriculum for police studies, yet officers have contact with digital evidence that is satisfactory to affect the resolution of cases. Training is important as it can improve preservation of evidence by police officers of all levels of experience.

The issue of limited equipments makes departments to face a heap of digital evidence, we can also deduce that lack of well-trained personnel contribute to this pile-up of digital evidence.

A well-planned and budgeted digital evidence plays a role at investigation and prosecution processes discussed below.

  • Violation of law.

Digital evidence times back used to focus only on computer crimes such hacking and cyber bullying. Further investigation considers how evidence can be used beyond digital crimes. For example, investigators may assume that data exists in suspects accounts provided that it can be obtained procedurally and could provide pathway for further investigations (Antwi-Boasiako and Venter, 2017).

  • Discovery.

Victims of both cyber and physical crimes are increasingly turning to law enforcement agencies for assistance. On the flip side many of these crimes that are reported are properly investigated and prosecuted. Adequate procedures therefore ought to be put in place to assist victims and also ensure digital evidence information is not lost

  • Seizure

According (Riley v. California, No. 13-132) for digital evidence, one ought to have a written document to examine the contents of a digital device whereas physical evidence is purely on person

A lot of information is stored on portable devices such individual’s lifestyle, many at times this information may be lacking during investigation. It is for this reason therefore that access to digital devices should grante.

  • Preservation

Prosecution is the goal of digital evidence. Therefore, issues regarding its usage in the courtroom is important. However, authentication is paramount. Basing on the fact that courts require solid evidence, proper documentation of data is core. In relation to our search for physical and testimonial evidence, this will serve to provide authentic data, devoid of manipulation.

  • Examination

Digital evidence needs methods of training that are different from physical evidences. Logical extraction of digital evidence incorporates remote equipments to give instructions through code to targeted devices. Non-digital techniques are applied where data is obtained from external sources. An incorporation of both digital and physical techniques in extracting evidences is very important as it provides a wide range of sources for investigators who will in turn be able to obtain reliable evidence.

  • Analysis and reporting

There has been an increase in the number of digital devices. This has the effect of producing a large volume of digital evidence.

Departments should therefore have enough well-trained personnel to do a careful analysis of evidences provided. The investigators thus relay their findings to law enforcement agencies who carry on the arrest and clearance.

This is the finality of well-sought-out evidence. After a careful analysis of the report, the prosecutors can therefore carry on.


Yeschke, C. L. (2003). The art of investigative interviewing: A human approach to testimonial evidence. Butterworth-Heinemann.

Understanding Digital Evidence


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