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Forensic Expert Witness Analyzes Smartphone Data

In a case where the data on a smartphone is sufficient to provide evidence in the claim, a forensic expert witness may need to assist the lawyer. By analyzing the details within the device, it is possible to connect the defendant to liability, clear the plaintiff of any fault or help in proving the information of the injury.

Forensic expert witness analysis of any smartphone device may provide a myriad of technical and electronic details for a civil case that are unobtainable in any other process. Additionally, while most individuals in the United States has a personal smartphone with an individualized data plan, tracking and acquiring data from the machine is easier as technology progresses. Some experts have the ability to hack into a phone remotely, in the vicinity of the cell phone or when placing other items in the device to garner as much info as possible. Forensic experts are able to use this data to assist in recreating the incident that leads to the lawsuit.

What Data the Expert Could Acquire

The sheer amount of data a smartphone may hold is staggering. The user may have stored and kept most of his or her interactions. When a global positioning service attaches
to the device, the expert is able to obtain locations where the phone has been and where the person goes for extended periods. Text messages are usually available, even if the professional needs to retrieve them. This could also include pictures, video and music, or these items may have a storage space on the phone. Voicemail is usually part of the services on the phone as well as the address book saved within. Wireless connections information generally is acquirable through tracking the movements of the phone. Email, call logs and history of internet usage are all frequently obtainable.

The Importance of the Data Acquired

Through emails and text messages, the person responsible for the injury could become exposed during the investigation. This bolsters the strength of the plaintiff’s case. By video or audio files, the professional may uncover a plot to commit an act of violence. Voicemail may reveal additional details of the problem. The address book and call logs often provide the courts with information pertaining to the case in regard to who is responsible or accountable in the actions harming the plaintiff. Internet search history could explain what weapon or other items became part of the violent or illegal behavior that damaged the victim.

Through understanding the data supplied from the smartphone, the professional is able to triangulate his or her rough location during certain times. These usually correspond perfectly to the wireless networks and cell towers a person passes when traveling and the GPS navigation is on. This could expose the defendant’s actions as corresponding to the scene of the crime and illegal or harmful activity. The testimony he or she supplies the court is often false and countered through this information the expert witness uncovers through the cellphone data. These details are invaluable in proving the plaintiff’s case.

The Expert in the Acquired Data

Forensic experts are able to piece together the data from within the smartphone. Without the expert, it is possible that the information is lost or not recovered for any case. While most of the details inside a cellphone are useless, some pieces may provide invaluable strength to the claim. Analyzing the information may take days, weeks or months, but the expert may give the plaintiff what he or she needs to increase chances of a successful outcome. Then, the expert’s job is not done. He or she will still need to present testimony in the courtroom and explain the data.

The expert’s testimony may remove confusion about the cell phone becoming part of the case. The smartphone information needs clarification and a connection to the defendant. Details of the crime, communication about the injuries and talking to someone else about what he or she did may prove useful in winning the case. By testifying after piecing the details together, the expert may ensure the judge or jury panel has enough to deliberate without confusion or a lack of understanding of the injury.

The Forensic Smartphone Expert Witness

The professional hired for the case may need to start out by explaining what the smartphone means to the claim. He or she may even need to connect the emails to the defendant by name. However, the facts will remain the same, and through his or her expertise, the chances of success increase significantly for the plaintiff.

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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.

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