I'm on the road delivering training for most of May and June. An associate will be available to assist you with any investigations should the need arise. Contact info will be on my voice mail.

Attention First Time Readers: If you are looking for more investigation resources see my web site for articles, links and copies of past newsletters.

This article deals only with the preservation of cell phone evidence and does not offer a legal opinion as to the right to collect such evidence.

Most of us are comfortable dealing with accident scene evidence; however, capturing evidence from a cell phone presents a new challenge. Given that cell phones are everywhere in the workplace, the chance that the use of a cell phone played a part in the accident is becoming more probable.

Cell phone evidence is fragile and one mistake may erase forever critical evidence. Here are some general rules of handling cell phones as evidence sources.

• If the phone is "off" do NOT turn it "on."
• If the phone is on, leave it on. Powering it down could enable the password.
• Record and photograph the screen display if available.
• Label and collect all cables, power sources, and operator manuals.
• Keep the phone charged. If the battery runs down data may be lost.
• Document all steps involved in the seizure of the phone and components.
• Only trained personnel should try and recover the data.

For more information on this topic the link below will take you to "Best Practices for Seizing Electronic Evidence" by the U.S. Department of Homeland Security.

If you find yourself in a situation where you are looking for an expert to recover this type of information search the web for "cell phone forensics Canada."

Best Practices for Seizing Electronic Evidence

Use open-ended questions when interviewing witnesses or victims:

Open-ended questions:

• make no suggestions
• invite witnesses or victims to talk in their own words
• act as memory prompts
• get people talking
• encourage full answers
• help get accurate information

EXAMPLE: How would you describe the worker that opened the valve?

Avoid closed-ended questions when interviewing witnesses or victims as they are leading questions.

Closed-ended questions:

• suggest an idea to the witness or victim
• lead the witness or victim to repeat what you said
• take one word to answer

EXAMPLE: Did the worker that opened the valve have a beard?

Source: Canadian Association of Chiefs of Police.