Exploring Digital Evidence
This program provides criminal defense lawyers with a comprehensive, behind-the-scenes understanding of how digital evidence is generated, classified, and weaponized in sexual assault and child sexual abuse material (CSAM) cases. It demystifies the entire pipeline—from electronic service providers and automated hash matching, to NCMEC CyberTipline reports, to law enforcement warrants—revealing how technical assumptions, outsourcing, and unverified data can transform suspicion into prosecution. By explaining how IP addresses, hash values, content moderation, and categorization systems actually function, the program reframes digital evidence as fallible, human-driven, and deeply vulnerable to error rather than infallible proof of guilt.
Criminal defense lawyers who watch this program will gain concrete tools for identifying weak points in the government’s digital evidence and discovery practices. The program explains why CyberTipline reports often reflect database matches—not actual files found on a client’s device—and how incident dates, “reviewed” indicators, and categorizations are frequently misunderstood or overstated by investigators. It exposes the limitations of age-estimation methods like the Tanner scale, the subjective application of the Dost factors, and the risks posed by outsourced and minimally trained content moderators whose decisions can trigger arrests. Lawyers will learn what records to subpoena, which contracts and nonprofit relationships matter, and how to challenge unverified hash databases and mischaracterized forensic conclusions.
The program also delivers practical, defense-oriented guidance for litigating these cases effectively. It covers best practices for securing meaningful expert access to evidence, enforcing statutory and constitutional rights under § 3509(m), and preventing law enforcement from controlling or contaminating defense analysis. By highlighting real-world case failures, discovery strategies, and courtroom leverage points, the program equips criminal defense attorneys to cross-examine agents who did not perform the forensic work, expose gaps between raw data and trial testimony, and uncover defenses that often lead to dismissals, acquittals, or dramatic charge reductions. For lawyers handling digital sexual offense cases, this program provides the technical literacy and strategic insight necessary to protect clients from catastrophic injustice rooted in misunderstood technology.
Andrew Garrett, as the Chief Executive Officer of Garrett Discovery (NACDL Affinity Partner), is at the helm of one of America's premier Digital Forensic Firms. Garrett Discovery's footprint spans across the US, backed by more than 40 experts and support staff. Before assuming his current role, Garrett's professional journey took him through a variety of positions, including the Vice Presidency of a software company specializing in cellular tracking solutions, the US Navy working in Communication Technologies, Naval Research Lab at NASA, Space and Warfare Lab Six protecting our critical infrastructure. He also served as the Director of the eDiscovery Lab for the Air Force working on more than 1200 cases a year many of which were intellectual property disputes involving the DOD. Garrett has attended more than 50 schools and classes on digital forensics, attended the same training as FBI CAST and owns a training school 702 Cellular Academy teaching historical cellular analysis. Garrett's proficiency covers all things digital, but has performed extensive work in cellular and child sex crime cases. He assists the NACDL 4th Amendment Center in providing research, materials and guidance on emerging issues. In addition to his laboratory work, Garrett has testified in over 300 cases across 49 states, sharing his expertise in hearings, trials, and through written reports. He is also a highly sought-after speaker and his presentations draw standing-room-only audiences. Garrett educates lawyers on technical nuances and effective defense strategies, particularly in high-stakes cases involving digital evidence.
CLE State Accreditation
- General 1.00
- General CLE-HI: 1.00
- General CLE-SD: 1.00
- General CLE-NY: 1.20
- General CLE-CA: 1.00
- General CLE-IL: 1.00
- General CLE-AK: 1.00
- General CLE-MD: 1.00
- General CLE-VT: 1.00
- General CLE-MA: 1.00
- General CLE-DC: 1.00
- General CLE-ND: 1.00
- General CLE-OR: 1.00
- General CLE-WA: 1.00
- General CLE-CT: 1.00
- General CLE-NH: 1.00
- General CLE-FL: 1.20
- General CLE-VI: 1.00
- General CLE-AZ: 1.00
CLE State Accreditation:
- General 1.00
- General CLE-HI: 1.00
- General CLE-SD: 1.00
- General CLE-NY: 1.20
- General CLE-CA: 1.00
- General CLE-IL: 1.00
- General CLE-AK: 1.00
- General CLE-MD: 1.00
- General CLE-VT: 1.00
- General CLE-MA: 1.00
- General CLE-DC: 1.00
- General CLE-ND: 1.00
- General CLE-OR: 1.00
- General CLE-WA: 1.00
- General CLE-CT: 1.00
- General CLE-NH: 1.00
- General CLE-FL: 1.20
- General CLE-VI: 1.00
- General CLE-AZ: 1.00