Keywords
police interrogation, digital evidence, qualitative research, consent-searches
Document Type
Article
Abstract
Issues regarding Fourth Amendment protections and police access to digital evidence have been an ongoing battle in the courts over the past few years. Despite growing literature on the importance of collecting digital evidence during criminal investigations, there is little research on how detectives obtain consent to get to digital evidence, particularly cell phones. The present study addresses this research gap by drawing upon participant-observation, in-situ interviews, and in-depth interviews of detectives in an American suburban police department. The data indicate that during suspect interviews, detectives attempt to obtain consent to search phones to avoid delays related to obtaining a warrant or going through a third-party (e.g., a cell phone carrier). Additionally, detectives engage suspects with minimization techniques, such as stressing the importance of cooperation, to get to the digital evidence, similar to interrogation techniques outlined in interrogation scholarship. Implications and future research are discussed.
Digital Object Identifier (DOI)
https://jcjl.pubpub.org/pub/v5i2ryuircnx
Recommended Citation
Dewald, Stacy
(2022)
"“So, you can let me look at your phone?”: Detectives obtaining consent to search cell phones,"
Journal of Criminal Justice and Law: Vol. 5:
Iss.
2, Article 1.
DOI: https://jcjl.pubpub.org/pub/v5i2ryuircnx
Available at:
https://research.library.kutztown.edu/jcjl/vol5/iss2/1