Cellphone Data Forensics Expert Witness Testimony

Obtaining data from a cellphone is important for various types of claims. An expert’s knowledge and understanding of working with these devices may provide a better awareness of what occurred between the owner and the phone. This could include pictured captured, video taken, websites browsed and locations travelled by the individual or others with access to the device. When the person is part of an investigation due to injury to another, this data may assist with the lawyer in proving how he or she is the liable party. Some claims also provide confirmation that the plaintiff was at a particular place at the time of the incident.

What Is a Data Forensics Expert Witness?

Someone that is able to analyze the inside of a computer, cellphone or other device is usually a forensics expert. He or she has certain skills and has access to tools, programs and

equipment that enables him or her to examine hardware to observe and gain entree to the software. This provides a myriad of details to the expert from seeing where he or she has been online to tracking behaviors and travel in the city or state. This professional may also recover files deleted previously and find data that is still in the computer or phone as long as it is not already overwritten.

Cellphone Data

Using the special skills that are known to data forensic professionals, the myriad of data collected from a cellphone is enough to incriminate most individuals. The tracking systems are often active unless removed entirely. The website browsing usually indicates a pattern of behavior. Photos and video taken explain various activities. The applications someone downloads also provide certain details. All of this may create a profile for the individual that owns or primarily uses the phone. With these pieces of information, the plaintiff’s team may present testimony that accurately explains how the defendant is responsible for an incident.

Some cellphones recovered from the scene may sustain irreparable damage. This requires the expert to attempt to access the inside and perform several processes to try to acquire the data within. Other procedures are necessary to ensure the owner or user of the phone does not perform a remote wipe that destroys everything needed for the case. The tools necessary to obtain the data are not infallible, and sometimes the expert is only able to retrieve some data. Other instances, the action is moot due to damage or corrupt systems. However, this could provide a basis to show that there is reason to avoid presenting what was in the phone.

Gathering Evidence

While many cellphones have passwords, special unlock methods or encryption, an expert in forensics may have the tools necessary to crack these processes. Then, he or she may enter the phone and gather as much evidence for the case as needed. It is important that the plaintiff’s legal team has seized the correct cellphone. If the defendant ended up suing another phone and only has the one taken as a backup, a lack of evidence may exist. This could lead to further compilations in proving liability. When the right fit of expert becomes part of the legal party, it is possible he or she will have all the important tools and equipment to analyze and assess the cellphone data.

For video and photo files, the expert may use various processes to confirm that these are authentic. Files have digital fingerprints that validate them. This may also provide a date and time the photo or video was taken. Various GPS data also has similar information. These files also explain where the phone is at the specified period. These may all assist in proving the defendant is liable for damages to the victim of the incident. The expert’s testimony is then part of the courtroom proceedings and presented to demonstrate how the facts and data support the plaintiff’s claim.

Cellphone Data Testimony

When a judge permits a cellphone data forensic expert witness to testify in court, it is possible for more details to explain the scene or incident. The information supplied may support the case and show how the defendant caused the injury. The testimony is to inform about the cellphone data details.

Provided by HG.org

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.