Cell Phone Evidence – The Basics
With smart phones becoming such a critical part of our lives, cell phone evidence is becoming more common. Crucial evidence to a case is often found within the data of the cell phone. The State can obtain this evidence, but it is not easy and can lead to important litigation for a successful defense.
Once an officer seizes your phone – whether pursuant to a search incident to arrest or a search warrant – accessing the contents of your cell phone – i.e. its data – is still necessary and raises new issues based upon whether and how your phone is protected by a passcode or touch ID sensor.