If I am asked for a mobile phone forensic examination during a drug investigation, do I have to comply even without a warrant?

Hello. This is Daeryun Law LLC. Because a mobile phone forensic examination easily becomes key evidence in a case, it is important to accurately confirm the 'procedure' and the 'scope' during a drug investigation.

A warrant (seizure, search, verification) is the rule
Compulsory dispositions (such as search and seizure and forensic examination) must, as a rule, be based on a warrant.

When a warrant is presented, it states the target items, the criminal facts, the place and period of execution, and the scope of seizure, so keep a record by taking photographs or notes, and if there is a demand that exceeds the scope during execution, you may immediately raise an objection.

The possibility that the scope of a 'voluntary submission' may expand
There are many cases in which you are urged to make a voluntary submission in the manner of "please cooperate," even without a warrant.

If you make a voluntary submission, a considerable range of data, such as conversations, photographs, and location information, may be copied and analyzed, so rather than answering immediately about whether to submit, it is safer to consult a defense counsel and put in writing the scope of submission (period/apps/accounts), the handling of copies, and the time of return.

Responding to demands to provide a password or make a statement
If you are pressured to provide your password or answer ambiguous questions off the cuff, an unfavorable interpretation may arise.

If the facts have not been organized, respond to the effect that "I will answer after consulting my counsel," and carefully check the wording of the investigation record.

The importance of early assistance in a drug investigation
In a drug investigation, the issues are complex, such as the interpretation of communications and digital evidence, whether there was complicity or aiding, and the lawfulness of the search and seizure.

Organizing the issues at an early stage helps to reduce unnecessary misunderstandings and to establish a defense strategy.

If the situation is urgent, we recommend organizing the relevant notices and communications and seeking a consultation.