Preparing For Challenges To Your Cell Phone Searches
Every court and each different judge can have their own interpretation of what a "legal search" is where cell phones ar concerned. Be prepared to beat the challenges that will inevitably crop up in your cases.
Nonetheless, the existence of any standards means the potential for tougher cross-examinations and a greater burden on agencies to train their officers at every level—from first responders to lab analysts.
What does that mean for you? At minimum, educate yourself on the types of digital evidence you’re most likely to encounter on the job, how to preserve it, and how to document your actions from preservation through chain of custody.
If you’re a detective, work with your supervisors and administrators to develop standard operating procedure and policy for patrol officers on seizing and searching digital evidence, including mobile devices; train them to document what they do and how they do it, and when to contact an analysis expert.
Any officer or detective who anticipates obtaining evidence from a mobile device should go through training, either a vendor certification course or vendor-neutral classes, and should update their training or certification regularly.
These measures will prepare you and your agency not just for potential requirements to adhere to outside standards, but also overall for better case management, cooperation with outside agencies where necessary, and courtroom testimony.
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