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Norfolk VA Defendant Convicted of Possession of Contraband After Computer Forensics

The Defendant argued that the district court erred in admitting the Special Agent's testimony regarding his forensic examination of a computer. Specifically, the Defendant claimed that the law enforcement computer forensics examiner lacked the requisite knowledge and training to explain how the Forensic Tool Kit software used in this case was designed and functioned and that the Government failed to offer testimony regarding the reliability, peer review, error rate, and standards of the industry for the software as required by the Federal Rules of Evidence

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Traffic Stops, Perjury and Computer Forensics

Defendant was convicted of perjury, in violation of Code § 18.2-434. On appeal, he argues that the trial court erred in finding that collateral estoppel did not bar his perjury prosecution, as the issue of the accuracy and authenticity of a video and appellant’s testimony regarding it was already determined in a prior proceeding. Further, he contends that the trial court erred in allowing a computer forensics expert witness to testify as to an ultimate issue in the case.

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Richmond VA Defendant Convicted of Possession of Child Pornography After Computer Forensics

Richmond, VA police responded to a fire at a residence. A bomb technician, questioned appellant about certain explosive materials found. The police examined the contents of a computer located inside the residence for explosive recipes. Instead, the police computer forensics specialist found the use of certain key words connected to child pornography such as "lolita" and "underage." He received more than one hundred hits. He looked for files or photographs, and located numerous images that were possibly child pornography. The defendant was convicted.

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