Empowering justice: The evolving landscape of cellphone analysis in modern criminal investigations and evidentiary collection

• Citation: (2023) 36 SACJ 434
• DOI: https://doi.org/10.47348/SACJ/v36/i3a4
• Published date: 13 March 2024
• Pages: 434-461
• Author: van Rooyen, D.A.
• Date: 13 March 2024

Empowering justice: The evolving

landscape of cellphone analysis

in modern criminal investigations

and evidentiary collection

DA VAN ROOYEN* and JS HORNE**

ABSTRACT

In the wake of rapid technological advancements, there has been a

remarkable increase in the adoption of mobile devices, also profoundly

altering the manner in which individuals use their cellphones. This

technological shift, accompanied by increased functionality and popularity

of cellphones, provides law enforcement agencies with new avenues for

investigative approaches, notably in the realm of mobile forensics. This

article explores mobile forensics as a crucial tool for gathering evidence

in criminal investigations. Drawing from in-depth analysis, qualitative

interviews with the South African Police Service (SAPS) investigators

and detective branch commanders, digital forensic investigators/analysts,

prosecutors from the National Prosecuting Authority (NPA), a cellphone

record analyst, and an examination of local and inter national literature, the

study underscores the signicant role mobile forensics plays in effective

crime investigation. It advocates for enhanced training of investigators to

align with evolving technology, emphasising the need for law enforcement

agencies, particularly the South African Police Service (SAPS), to adapt and

advance their investigative techniques in the face of ongoing technological

transformation. Ultimately, the article aims to demystify mobile forensic

analysis, offering in sights to aid South African investigators in re ning their

investigative practices.

1 Introduction

In the contemporary digital landscape, the popularity of cellphone

usage has seen a remarkable upsurge, propelled by incessant and

ever-evolving technological advancements. This surge has not only

transformed communication and business practices but also displaced

various functions previously handled by personal computers.

Cellphones are now used for a wide range of activities such as email

*PHD CJU Candidate, Department of Police Practice, School of Criminal Justice,

University of South A frica.

*DLitt et Phil: Police Science (Unisa); Associate Professor, Department of Police

Practice, School of Cr iminal Justice, University of Sout h Africa.

https://doi.org/10.47348/SACJ/v36/i3a4

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(2023) 36 SACJ 434

© Juta and Company (Pty) Ltd

communication, le transfers, internet browsing, and more, evolving

with computer-like capabilities.1 As electronic devices continually

advance and safeguard user data, the signicance of digital evidence

in criminal investigations has become increasingly paramount.2

Mobile forensics is described as a process whereby cellular-related

data is recovered by employing forensically sound methods, by means

of detailed cellphone investigations relating to the acquisition of the

cellphone data.3 The vast amount of information that can be stored on

cellphones has led to the signicance of mobile forensic investigations,

which focus on extracting and retrieving data from cellphone devices,

as well as SIM cards.4 From a digital perspective, cyber and cellphone

related crime has recently increased sign icantly compared to previous

years, and criminals have also adjusted to the changes in technology,

which worsens the crime problem facing South Africa. Consistent with

institutional responsiveness to the modern-day digital era, the justice

system and its prosecutorial authorities are progressively relying on

digital evidence, such as cellphone records, to prove the accused’s

participation in incidents of crime, which has enhanced the capability

of the crime investigation process itself.5

Many experts believe that the use of technology is the hallmark of

modern-day cri me investigation, due to the ever-changing sophistication

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5 InternatJ Comp & Electr Eng 576-580; A Abdallah, AM Alamin and ABA Mustafa

‘A survey on mobile forensic for android smartphones’ (2015) 17 IOSRJ Comp Eng

15-19; A Ali et al ‘Towards adapting metamo deling approach for the mobile forensics

investigation domain’ in Z Mohamed et al (ed) 1st ICRIL-International Conference

on Innovation in Science an d Technology ( lICIST2015) (2015) 364-368; MW Graves

Digital Archaeolog y: The Art and Science of Digital Fore nsics (2013) 307.

2 KM Hess, CH Ort hmann and HL Cho Police Oper ations: Theory and Prac tice (2013)

375.

3 J Bair Seeking the Truth from Mobile Evidence: Basic Fundamentals, Intermediate

and Advanced Over view of Current Mobile Fo rensic Investigations (2017) 4; Ali et al

op cit (n1) 1.

4 R Tamma and D Tindall L earning Android Forensi cs: A Hands-On Guide to Andr oid

Forensics, From Setting up the Forensic Workstation to Analysing Key Forensic

Artefacts 2ed (2015) 1; R Tamma et al Practical Mob ile Forensics: A Hands- On Guide

to Mastering Mobil e Forensics for the iOS, Android, and Win dows Phone Platforms

3ed (2018) 25; R Tamma et al Practical Mobile Forensics: Forensically Investigate

and Analyze iOS, Android , and Windows 10 Devices 4ed (2020) 6.

5 A Phillips Brown E-discovery: An Introduction to Digital Evidence (2013) 3;

JJordaan ‘Digital forensics and cybercr ime’ in RJ Zinn and S Dintwe (eds) Forensic

Investigation: Legislative Principles and Investigative Practice (2015) 361 at 363;

HC Lee and EM Pagliaro ‘Forensic evidence and crime scene investigation’ (2013)

1 J Forensic Investig 1 at 3; HT Lochner, BC Benson and JS Horne ‘Making the

invisible visible: The pre sentation of electronic (cellphone) evidence as real ev idence

in a court of law’ (2012) 25 Acta Criminologica 69; JP Swanepoel, S Lötter and

MKarels Policing and the L aw. A Practical Guide (2014) 307; HJN Van Rooyen The

Practitioner’s Gui de to Forensic Investigation in South Afr ica (2012) 3.

Empowering justice: The evolving landscape of cellphone analysis

in modern criminal investigations and evidentiary collection

435

https://doi.org/10.47348/SACJ/v36/i3a4

© Juta and Company (Pty) Ltd