FBINAA Magazine Q1-2022-final-v4

Continued from "Digital Evidence", on page 32

Continued from "The Wellness of Non-active Law Enforcement Leaders", on page 19

tion provider has a preservation process to allow law enforcement to preserve the records during the period of time it takes to build enough probable cause to obtain a search warrant. Given the varying timelines of record destruction, records should ALWAYS be preserved immediately upon identifying them as related to an investigation. 2. Data Sample Size. As previously discussed, this type of evidence should never be viewed as a single point in time. There will always be an identifiable, unique pattern within the records. The data sample must include enough data, and a large enough period of time, to allow investigators to identify this pattern. It is within this pattern that the records truly become evidentiary in nature. A 60-day data sample is always preferred to ascertain and understand patterns and anomalies of usage within the records. 3. Unbiased Review of the Data. Once we preserve the records and obtain a sufficient data sample, the analysis of the data must be unbiased. Unbiased review can be accomplished by reviewing the entire data set chronologically, without consideration of specific details of the case. Once the facts of the data are identified through detailed patterns of device use and travel, it is then that the records can be compared against the known details of the crime being investigated. Additionally, care and consideration should always be applied to the exculpatory nature of the data and identifying all components that could be exculpatory in nature. 4. Peer Review. Over the years I have looked at millions of lines of data created frommobile devices. These data sets are complicated, ambiguous at times, and contain enormous amounts of data. Thus, the more eyes, the better. Throughout the analysis and investigative process, several people should be involved in reviewing and summarizing the data. Once conclusions are reached, new sets of eyes should review those conclusions. This process will provide the platform for a more thorough analysis, maintain an unbiased approached to the evidentiary nature of the data, and provide some assurance that best practices and appropriate knowledge were applied to the final summary. By providing this basic model, we are creating the first step in establishing evidence-based policing “Best Practices.” This method is critical to criminal investigations in which mobile device records are obtained for evidence – and can mean the dif - ference between innocence and guilt. References 1. Sherman, L. (1998). Evidence-based policing. Washington, DC: Police Foundation. https://www.policefoundation.org/publication/evidence-based- policing/ 2. "Exculpatory Evidence" Merriam-Webster.com. 2021. https://www. merriam-webster.com (31 December 2021).

mental health and wellness as well. There is a valuable connec - tion realized in the communication, trainings, luncheons, and conferences put on by the FBINAA. For those who have left their agency due to retirement, politics, or other circumstances, the FBINAA can become the only ongoing link to their previous law enforcement life. The “brotherhood of the blue” is held intrinsi - cally within a law enforcement officer’s psyche. Over the years, while the characteristics of this brotherhood, and sisterhood for that matter, might have changed slightly, the camaraderie of this society, as well as the comfort it brings to those that have left to “still belong,” is irreplaceable. We’ve seen the effects of what leaving a law enforcement career can have on us, as we lose associates to health or mental health ailments after a lifelong physically and emotionally taxing career. The loss of their “blue family,” the stories, jokes, sadness, and successes shared over time can leave men and women feeling as if they have lost the only ones in their lives who understand. Several years ago, I started and supervised the first wellness program at my previous Sheriff’s Office, and I signed up for one of the first FBINAA Officer Wellness and Resiliency leadership courses. The course convinced me how imperative it is for lead - ers to ensure officer wellness. It wasn’t until I left my own agency last spring that I realized the feeling of loss – loss of the “fam - ily” that you’ve known for your whole career and loss of your identity. You catch yourself mentioning your angle on something as a law enforcement officer. You see things in the community and wonder what is going on when you used to be “in the know” about everything. People ask you about occurrences in the neighborhood because they think you have the answer, but you no longer do. You feel isolated from the friends and family you used to hang with every day for decades. Most painful for some, is when you think that you’ve been forgotten about quickly, just as you as a leader forgot about those who went before you. The FBINAA, especially for those whose agencies do not provide or support a retired officer group, is likely making a difference in the life of non-active and retired law enforcement leaders. I personally feel blessed to not only to have had the ex- perience of the FBI National Academy, but for the lifelong family it provides. I’m grateful for the communications, the classes, the conferences, the luncheons, and the relationships that will never change, even when I don’t wear the uniform anymore. Knowing that you will always be part of your academy class “family” and the FBINAA might just be the lifeline some former law enforce - ment officers may need.

F B I N A A . O R G | Q 1 2 0 2 2

About the Author: Holly Nicholson-Kluth served 32 years as a law enforcement officer in Colorado. She attended the FBINA Session #258, and earned her bachelor’s degree in Criminal Justice and a master’s degree in Psychology. She served in roles up to and including Undersheriff, supervised her agency’s first Chaplain Program in the mid 2000s, and initiated and supervised its first Wellness Coordinator Program in 2019.

About the Author: Sy Ray is the founder of ZetX Corpo - ration, now a part of LexisNexis® Risk Solutions. Sy’s entrepreneurial career with ZetX began after serving 20 years in law enforcement where he spent time as a SWAT operator, homicide sergeant, and directing fugitive missions. Sy established ZetX in 2014 as a one- stop shop for law enforcement as it pertains to cellular geo-location mapping, analysis and training. The software he designed currently leads the industry in geo-location mapping of RF data. Sy currently serves as a Director of Market Planning with LexisNexis® Risk Solutions.

33