Incident
Investigation -- Tips, Techniques & Trivia
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.
Jeff
Cell
Phone Evidence
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
Obtaining
Witness Information
Open
Vs. Closed Questions
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.
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