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Q

During a drug investigation, do I have to comply with mobile phone forensics requests without a warrant?

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I'm anxious seeing cases of virtual assets being leaked due to exchange hacking. I heard the Virtual Asset User Protection Act took effect — in this case, does the exchange definitely have to compensate for losses? I'd like to know to what extent responsibility is actually recognized.

drug investigation

A

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Hello. This is Daeryun Law Firm. Mobile phone forensics easily becomes key evidence in a case, so it is important to accurately confirm the "procedure" and "scope" during the drug investigation process.

Warrant (seizure, search, inspection) is the principle
Compulsory dispositions (search and seizure, forensics, etc.) must, in principle, be based on a warrant.

When a warrant is presented, the target items, criminal facts, place and period of execution, and scope of seizure are written, so leave them as photos or memos, and if there are demands beyond the scope during execution, you can immediately raise an objection.

Possibility of expanding the scope of "voluntary submission"
Often, you may be solicited for voluntary submission in the form of "please cooperate" without a warrant.

If you submit voluntarily, a considerable scope including conversations, photos, and location information may be copied and analyzed, so rather than answering immediately whether to submit, it is safer to consult with an attorney and document in writing the submission scope (period/app/account), the handling of duplicates, and the time of return.

Response to demands for password provision and statements
Being forced to provide a password or improvising answers to vague questions can lead to unfavorable interpretations.

If the facts have not been organized, respond with the intent of "I will answer after consulting with my attorney," and carefully check the wording of the investigation record.

The importance of early assistance in drug investigations
In drug investigations, issues such as interpretation of communication and digital evidence, accomplice and accessory matters, and legality of search and seizure are complex.

Organizing the issues early helps reduce unnecessary misunderstandings and establish a defense strategy.

If the situation is urgent, I recommend organizing the relevant notifications and contact contents and consulting.

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