3 ms·
That's not what I'm saying. The problem is that a victim might ordinarily be willing to give cops her phone because it would help us to gather evidence early on
by neodymiumphish 6y ago
That's not what I'm saying. The problem is that a victim might ordinarily be willing to give cops her phone because it would help us to gather evidence early on that we can take action on quickly. With the "Special Victim Counsel", military cops often get turned down for reasons like "well we don't want all of her photos and other conversations to be used against her by the defense". This forces our hand to the point where all we're allowed to obtain are screenshots of the victim's messages or select content that she and her attorney decide on. By itself, limiting the conversations to just the specific, probative ones between her and the subject would be great, but when we also end up with only the content we can screenshot and send ourselves, it really makes the resulting exhibits seem shoddily-obtained.
My preference would be a process whereby cops run the Cellebrite extraction, then produce a report that's limited to the content the victim and her counsel agree to, like conversations between her and Bob, and conversations between her and Sally, but nothing more. This way, at least we have some data that is verifiable and detailed (would show the to/from numbers, contact info, times, etc).
These are consent-based searches, not warrantless.