You may ask yourself “why should I have a mobile phone examined if the prosecution have already completed their examination”
You should then ask yourself “why should I rely on the prosecution’s evidence”. We all know that mobile forensic software is pretty similar but, they do differ slightly. What one software can pick up, may not have been entirely extractable from another software. With different versions and updates coming through on a regular basis, it may be possible to pick up on evidence left behind by the prosecution. Maybe the prosecution have done their mobile phone forensic download some time ago and a new version supports what you are looking for. Let’s also look at the fact that the prosecution will only need evidence which is relevant to their case which is why it is imperative that you have an independent company like 3EF to conduct the defence examination. It is important to keep data in context. If the prosecution are extracting messages for example, they may not be presented in its entirety or context. For example, a recent case of harassment shown the defendant (who had a restraining order) texting his ex-partner, what the prosecution failed to show was, the claimant started the conversations with promise to withdraw the complaint. Showing the conversation in its entirety also proved that the claimant was not being truthful with her complaint. In this age of technology, mobile phones leave a vast digital trail which can be easily extracted through forensic software. It is imperative that you have this option for your defence and not rely on the prosecution’s evidence.
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Author3EF are a specialist digital Forensics company based in Manchester and Cambridge Archives
January 2019
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