Tactics of searching mobile terminals of communication systems

Abstract

The purpose of the study is to analyze the specifics of searching mobile terminals as sources of forensically significant information amid the increasing prevalence of crimes committed using information technologies, and to identify the procedural, forensic, and technical aspects to ensure the legality and effectiveness of pre-trial investigations.

A comprehensive approach was employed, including analysis of the provisions of the Law of Ukraine “On Electronic Communications” and the Criminal Procedure Code of Ukraine, examination of foreign practices (notably in the United Kingdom and the United States), and synthesis of scientific sources on forensic tactics. The study explored algorithms for conducting searches, inspections, and examinations of mobile devices, as well as technical tools, such as specialized software (EnCase, Oxygen, UFED).

It was established that the search of mobile terminals encompasses procedural, forensic, and technical components. The content of data stored in mobile devices was identified, including contacts, messages, geolocation, browser history, graphic files, and more. It was proven that non-compliance with procedural requirements when accessing private information may result in the data obtained being deemed inadmissible evidence. The primary investigative actions for collecting digital information were identified as temporary access to items and documents, search, inspection, and forensic examination. The tactics of conducting a search are divided into three stages: preparatory, working (including external, structural, and informational inspections), and final. The study analyzed the specifics of examining smartphone content, including files, messages, browsers, and map-based applications, emphasizing the need for proper documentation of findings (via protocols, photography, and video recording). It was established that the technical component involves the use of specialized software for data analysis, recovery of deleted files, and fixation of digital traces.

In conclusion, the importance of adhering to procedural norms during the search of mobile terminals to ensure legality and protect personal rights was substantiated. Proposals were made to improve search tactics through clear structuring of stages and the use of modern technical tools. The findings can be utilized to enhance pre-trial investigation practices and develop recommendations for investigators and forensic experts.