Prevalence, Use, and Evidentiary Issues of Digital Evidence of Cellular Telephone Consumer and Small-Scale Digital Devices

摘要

Digital systems are found in a number of casual consumer tools, including cellular telephones. Their prevalence in society is matched by a growing presence as evidence in civil and criminal court cases. The current survey research suggests that cell phones and their potential evidence may be found in over half of all violent crime and even more substantially in drug crimes in some jurisdiction. The police commander respondents to this survey reported that cell phones had been used as evidence via lay testimony and expert analysis in their jurisdictions. Such evidence may face increasing judicial challenges in the future as the specialized nature of the analysis, even with commercially available, easy-to-use practices, goes "well beyond that of the average layperson." Digital forensics analysts must be prepared to provide both proper lay testimony on cell phones as well as details and justifications for their own tools, techniques, and qualifications as required by Daubert and Federal Rule of Evidence 702.