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Are analytical searches legal?

Discussion of forensic issues related to all types of mobile phones and underlying technologies (GSM, GPRS, UMTS/3G, HSDPA, LTE, Bluetooth etc.)
Subforums: Mobile Telephone Case Law
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Are analytical searches legal?

Post Posted: Sun Jan 27, 2013 9:48 am

I would like your observations please
a criminal is processed through the legal system as per the guidlines etc.
During the investigation process his mobile was taken from him and data downloaded, this assisted in the case overall and showed some of the contacts in his phone to be accomplices in this case.
All his data ( address book, text details and call details etc) is exported into the giant analytical tool ( there are various ones out there) the local Police force use, which means an investigator can input our criminals details in ( lets call him Robert S.) and all of his associates who have previously had their mobiles examined are linked to him, some say X is in Roberts address book, one link says Robert called Y several times on such a date etc.
The above is a common scenario as intelligence potential pertaining to handsets is huge.

Some many months later Robert is arrested and refuses all his details, his marks scars and tattoos lead the Police nowhere, however he does have his handset with him, its a new one with a new phone number, however he has imported his friends and family into his new address book

He is to be charged with his new offence and the seizure of his mobile is legal
When the new handset is placed through the analytical tool there are many phone numbers that corrolate,these are , our dave, aunty Paula, mum , dad, my babes.
Through the above details we now know that we have Robert S
However, to get to this conclusion we have used the personal details of " our dave, aunty paula, mum , dad, and my babes" none of these people have any convictions or cautions to their name
Is this a legal tool?  

bigjon
Senior Member
 
 
  

Re: Are analytical searches legal?

Post Posted: Sun Jan 27, 2013 12:00 pm

I am not sure to understand.
When Robert S. was arrested/investigated the first time weren't photos taken of him (and/or of his scars, tattoo, marks)?


Apart the above, and to play devil's advocate, isn't the guy found the second time merely "someone in possession of a mobile phone whose contacts are the same as those of another phone owned by a previously arrested individual"?

I.e. he could well be:
  1. the actual "Robert S"
  2. someone who cloned his (old or new) phone
  3. someone who stole his (new) phone

In other words are you trying to establish the identity of a non-identified arrested suspect based on the contacts on the phone found in his possession?

Wouldn't it be more "sound" to question the actual people corresponding to those contacts (and or that called that mobile phone number) and find among them one willing to identify him?

jaclaz
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jaclaz
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Re: Are analytical searches legal?

Post Posted: Sun Jan 27, 2013 1:00 pm

This doesn't appear to be a technological/ digital forensic issue - isn't it possible to get an authoritative answer from your legal advisers/ the CPS?
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Jonathan
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Re: Are analytical searches legal?

Post Posted: Sun Jan 27, 2013 3:21 pm

Perhaps I can approach your query from a different angle because it is not clear whether the tool is the issue or the data you are using stored in it.

Putting aside the issues of 'legality' of the data stored on your tool and how you used that tool to generate evidence, how would you compare your tool with say HOLMES 2 ( www.holmes2.com/holmes2/whatish2/ )?

With respect to the data output by your tool and the use of personal details, was that data obtained without proper regard to proportionality and/or the collateral intrusion issues relating to those persons not involved in the criminality under investigation?
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trewmte
Senior Member
 
 
  

Re: Are analytical searches legal?

Post Posted: Sun Jan 27, 2013 8:13 pm

- Jonathan
This doesn't appear to be a technological/ digital forensic issue - isn't it possible to get an authoritative answer from your legal advisers/ the CPS?


wouldnt it be more suited towards the legal issue section of the forum?  

randomaccess
Senior Member
 
 
  

Re: Are analytical searches legal?

Post Posted: Mon Jan 28, 2013 3:23 am

Trew, Holmes is recognised as is OPUS etc, my query is more validation I think, A private company creating an analytical tool which works well cannot just be used because of its skill.
Under MOPI the intelligence kept on Police systems is valid if for identification and intelligence, there is also a UK wide agreement regarding sharing information through MOPI etc
re the marks scars and tattoos, he has none  

bigjon
Senior Member
 
 
  

Re: Are analytical searches legal?

Post Posted: Mon Jan 28, 2013 4:39 am

I have no legal training - but surely the phone profile must be similar to finger print and DNA information.
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mscotgrove
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