Independent technical review

Review of reports, affidavits & opposing experts

Digital evidence conclusions often go unchallenged because no one on the legal team can test the methodology behind them. We review law enforcement reports, warrant affidavits, and opposing expert opinions for errors, unsupported conclusions, and overstatement.

Reviewing a written report alongside data on a laptop

What we review

  • Law enforcement cell site and CDR reports
  • Search warrant and court order affidavits
  • Device extraction examination reports
  • Opposing expert reports and disclosures
  • Rule 26 and state-law expert reports
  • Prior testimony and transcripts
  • Maps, charts, and demonstrative exhibits
  • Prior digital evidence work in appellate and post-conviction matters

What we look for

  • Methodology: Is the approach accepted in the field, documented, and applied consistently? Could another qualified analyst reproduce the result?
  • Accuracy: Do the maps, tables, and summaries match the underlying records? Are time zones, sector orientation, and units handled correctly?
  • Overstatement: Does the conclusion go beyond what the data supports, such as "at the residence" when the records only support "in the area"?
  • Omissions: Is there data that contradicts the conclusion but wasn't addressed? Were alternative explanations considered?
  • Affidavit support: Does the digital evidence described in an affidavit actually support the probable cause it's used for?

Reviewing these analyses is the same work Andrew McDermott did as a designated technical reviewer for digital data cases within his federal task force and across partner jurisdictions, and later as a peer reviewer of law enforcement reports and affidavits at Nighthawk.

What you receive

A written review memo identifying each issue and why it matters, a formal rebuttal report where needed, suggested lines of examination or cross-examination, and testimony at hearings and trial. Appellate and post-conviction review is available for prior digital evidence work.

FAQ

Review and rebuttal questions

Can a review help with a motion to suppress or a Daubert challenge?

Yes. A technical review frequently identifies issues with methodology, reliability, or affidavit support that counsel can raise in pretrial motions, Daubert or Shreck hearings, or Franks challenges. We explain the technical issues; counsel decides the legal strategy.

Do you review analysis for prosecutors before trial?

Yes. Prosecutors use independent review to confirm that an analysis is accurate and defensible before it's disclosed or presented, which is far better than discovering a problem on cross-examination.

Do you handle appellate and post-conviction matters?

Yes. We provide technical review of prior digital evidence work and testimony for appellate and post-conviction proceedings, with the same independence and rigor as any other engagement.

Have a case turning on digital evidence?

Tell us about the matter. We'll run a conflict check and get back to you to discuss next steps.