4. ADMISSIBILITY OF DIGITAL EVIDENCE IN LAWS 4.1 Pre- requisite for admissibility of Digital Evidence i. Submitting Digital data as evidence To ensure that digital evidence is admissible in court, certain legal and technical prerequisites must be satisfied.32. Legally, courts scrutinize the authorization for searches and seizures of digital information, as well as the relevance, authenticity, integrity, and reliability of the evidence. Regarding the technical aspect, courts evaluate digital forensics procedures, tools, laboratories, forensic reports, and the qualifications of forensic analysts and expert witnesses. Digital evidence gathered by unauthorized search and seizure could always be challenged as a fruit of a poisonous tree and may be inadmissible in a court of law. Such evidence violates legal standards established to safeguard privacy and ensure fairness in criminal proceedings. Admitting evidence obtained unlawfully undermines public trust in judicial processes, promotes abuse of authority, and establishes a perilous precedent for future investigations. It is therefore crucial to uphold the rule of law and protect individual rights. This approach is necessary to maintain the integrity of the legal system and to protect individual's constitutional rights against unreasonable searches. ii. Digital Evidence Assessment In this phase, courts ascertain whether the proper legal authorization was obtained to search for and seize information and communication technology (ICT) and associated data. This authorization typically comes in the form of a search warrant, court order, or subpoena, and varies depending on national laws and the specifics of the case. While search warrants are commonly used to seize ICT, the requirements for legal orders differ among jurisdictions based on factors such as the circumstances of the case and the qualifications of those conducting the search. Additionally, the forensic relevance of the digital evidence is evaluated during this phase. This involves determining whether the evidence establishes or disproves connections between the perpetrator and the victim, crime scene, or digital devices. It also involves assessing whether the evidence supports or 32 Antwi-Boasiako, A., Venter, H. (2017). A Model for Digital Evidence Admissibility Assessment. In: Peterson, G., Shenoi, S. (eds) Advances in Digital Forensics XIII. DigitalForensics 2017. IFIP Advances in Information and Communication Technology, vol 511. Springer, Cham. https://doi.org/10.1007/978-3-319-67208-3_2 22