Like computer evidence, it is necessary to have proper legal authority to conduct a forensic examination of cellular phones and handheld devices. There is, however, an exception supported by case law (U.S. v. Finley C.A.5 Tex., 2007, &U.S. v. Carroll N.D. Ga., 2008) which allows a search “incident to arrest.” Search incident to arrest is commonly associated with searches of arrestees, and motor vehicles (U. S. v. Robinson 414U.S. 218, 220 [1973], New York v. Belton 453 U.S. 454 [1981], &Thornton v.U. S. 541 U.S. 615 [2004]). These searches are allowed by the court to be conducted for officer safety and the preservation of evidence that can be easily destroyed. It should be noted that this exception for handheld devices is tightly controlled by a limited duration of time, and “lawfully may be searched without a warrant only if the search is ‘substantially contemporaneous’ with the arrest” (U.S. v. Curry D. Me., 2008).

A search incident to arrest of a handheld device is typically conducted by using the collected device’s keyboard/keypad and menu options to navigate to and record the observed information, either by written or photographic/video documentation. Cellular phone and handheld device tool development has allowed for the immediate download using a mobile lab, typically consisting of a laptop computer with the appropriate forensic and cellular phone acquisition software. Devices such as the CSI Stick™ (Paraben Corporation), which supports nearly 350 cellular phones, can be an efficient solution for use in acquisition and documentation of cellular phone data while other arrest activities are being conducted.

For post-arrest and/or forensic searches, examination, and analysis, proper authorization for the search must be obtained. Best practices recommend that this authorization consists of a Search Warrant, or a formalized Consent to Search. We have found in practice that, due to an individual’s dependence on their cellular phone, consent is routinely granted by subjects under investigation and victims will almost always grant consent for the preservation of evidence from their cellular phone.

From Examining Cellular Phones and Handheld Devices by Don L. Lewis