With 92% of Americans owning a smartphone in 2023, it is important to understand the impact this could have in a criminal defense case. Smartphones track a lot of data, so they can be useful in some court cases to help either the prosecution or defense. Understanding how they can be used can be important if someone is arrested and their phone is taken for evidence.
Location tracking is common on most devices today, and it’s often used in the background, so it’s not noticeable. With location tracking, it’s possible to see exactly where a person was at what time. This may be able to help the prosecution prove the person was at the location when the crime occurred or it can help the defense attorney prove the person was nowhere near the crime.
Communication records include phone calls, text messages, emails, private messages, and other forms of communication on the device. These can contain evidence of a crime or show someone has admitted to committing a crime, which can help the prosecution.
Social media posts are not as private as some people may think. Even if the profile is private, screenshots can be shared by others or law enforcement can get a warrant to be able to view the profile. Anything that is posted on social media, even if it’s later deleted, may be able to be used as evidence.
There is a lot of other data on smartphones, from ride-sharing apps that can show someone’s location to financial apps that can be used to trace purchases. Any of the apps on a smartphone may have data that could be beneficial to the prosecution or defense attorney, depending on the information obtained from them.
Individuals do have a right to privacy, but there are still times when smartphone evidence can be used in court. Law enforcement and lawyers must have permission to look at the data on the smartphone or a warrant based on probable cause to be able to view it. If they are given permission or are able to obtain a warrant, though, the evidence can be used in court.
It is important for anyone with a smartphone to keep it secure by using locking features to prevent unauthorized access to it. On top of this, if the smartphone could potentially contain evidence that could harm or help the person’s case, they will want to discuss the situation with a criminal defense attorney in Cullman, AL. A defense attorney may be able to prevent a warrant from being obtained to use the smartphone data or use the data themselves to defend their client in court.
Smartphones can provide prosecutors and defense attorneys with a lot of information, so they can make or break a case. If you’ve been arrested and your phone was taken as evidence, it is a good idea to speak with a lawyer right away. They can help minimize the damage the data can do to the case or use it for your defense.
