The Art of Admitting or Excluding Digital Evidence in Criminal Cases in Illinois

The rules of evidence are not new, but adapting them to new technologies is a continuing learning experience for attorneys. This program, taught by Linda Watson, a family and criminal law attorney in Peoria, will guide attorneys through the technical requirements for admitting digital information into evidence in Illinois courts, including issues with hearsay, authentication and foundation, the rule of completeness, and addressing the question of whether a piece of evidence is prejudicial or probative.

The program will also assist attorneys in the earliest stages of the evidence-gathering process, discussing what types of electronic information is considered digital evidence, where to look for it, and how to access and preserve it, including in cases where attorneys may need to seek a subpoena to obtain electronic information from platform providers. Finally, the program will discuss important case law updates related to the ways that new technology is pushing the boundaries of criminal law, including the legality of cell phone searches, what types of prosecutable crimes can be committed over social media, and whether Google apps can provide a basis for probable cause for law enforcement.

Learning Objectives:

1. Review the Illinois rules of evidence as they pertain to electronic information
2. Find, obtain, and preserve electronic information for use in evidence
3. Admit or exclude digital evidence from the courtroom
4. Discuss the impact of technological advances on criminal law