Legal Question in Criminal Law in Oregon

Legality of reconstructed erased data on computer hard drive

Erased files on a computer hard drive can be un-erased with some success.

A man is being charged with possession of child porn. Prior to his arrest his hard drive had been in for maintenance and the technician discovered child porn in his erased files.

Can these erased files be used as evidence against the man in his trial on his possession of child porn?


Asked on 11/18/05, 6:12 am

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Legality of reconstructed erased data on computer hard drive

I ge these type of questions a lot. Its fair to say anything can be used against you in court unless excluded by the judge. So the question is, is there a defense or reason for the judge to exclude the evidence because it is so unreliable that it serves no evidentiary purpose. So yes the files could be used, but he can assert their corruption as a defense.

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Answered on 11/18/05, 1:11 pm


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