Apple v. FBI - Why You Really Should Have Paid Attention

Smartphone Data Is Now Central to Investigations

By this point, it is certain that you have either heard of or spent many hours of your life following this story. However, the part that should hit home (regardless of which side of the debate you take) is that cell/smartphone data is becoming extremely relevant and necessary to review during an investigation.

What You Might Be Missing Without Mobile Data in Discovery

If you have not included it as part of discovery, chances are you have missed crucial evidence, whether it be text messages, call details, location information, photographs, internet history, or application-specific information (that you would never receive by subpoenaing a phone bill). With that said, there are some important points to take note of during your request.

Challenges and Tips for Accessing Mobile Evidence

Nowadays, encryption and security are common. If you do not have the device passcode, chances are the investigation will be dead in the water. Always ask for it! Additionally, it should be noted that phones are not the be-all and end-all. Many times, you will want to make note of the applications and cloud-based services they are syncing with in order to perform a complete collection of the evidence as opposed to a synced time period of data. Finally, if a phone is erased or destroyed, all hope is not lost. Be sure to check for cloud-based backups or computers that the devices were syncing with. The files contained within these locations could be just as valuable as obtaining the phone itself.