Depending on the nature of the charges against you, cell phone location data could have a significant impact on the outcome of your case. This data can be used as evidence either for or against you if the judge allows it.
Our Philadelphia criminal defense lawyers could help you understand the impact this evidence might have in your case.
Cell Phone Evidence must be Authentic and Relevant
Thanks to cell phones, we are more interconnected than ever before, but these devices do so much more than just place calls or allow us to search the internet. They send and receive data constantly, informing mobile apps and service providers of the phone’s exact location. In recent years, this data has been used by prosecutors and defendants alike in criminal cases.
Either side in a criminal case has the opportunity to use cell phone location data as evidence at trial. However, there are certain hurdles you will need to clear before you can submit this evidence to the court. You must be able to show that the evidence is both authentic and relevant before a jury can hear it.
The Court will Only Admit Authenticated Phone Data Records
In order for the courts to admit data from your personal device, the data must first be authenticated. That means you must be able to show that the documentation provided is what you say it is. This is generally done either by a witness from the phone company or a document authenticating it.
By establishing that this evidence is authentic, you have the ability to rely on it in court. The prosecution will be held to the same standard for any location data they wish to present.
The Court Must Exclude Irrelevant Cell Phone Evidence
Even if you are able to authenticate the data from your phone, you must still be able to show that this evidence is relevant to your case. For example, using your data to establish an alibi is highly relevant when you have been accused of a crime.
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Is GPS Data Reliable?
The reliability of location data on your cell phone depends on a few factors, including the source of this information. GPS data, which tracks your phone via a system of satellites, is particularly accurate. According to GPS.gov, clear skies may allow GPS to track your device to within around 16 feet.
The data can be less reliable if it comes from cell phone towers. While it is possible to identify the general location of a device by triangulating the cellular towers it uses, doing so can still lead to some broad or inaccurate results. Our defense attorneys can use this information to fight back if the prosecutor uses GPS location data from cell phones in your legal case.
Lack of Cell Phone Data Could Also Tell a Story to the Jury
When the police investigate suspects, they often pay careful attention to their habits and patterns. Cellular location data can be invaluable in these instances, as it can often place a person in a specific place at a specific time. However, it may also be useful to show when someone deviated from their usual schedule.
For example, if a prolific texter’s phone stops moving and goes completely silent for a long stretch, it could be a sign that the device was left behind. This information could be helpful if our criminal defense law firm needs to attack or undermine someone else’s alibi.
Other Types of Mobile Device Evidence that Could be Used in Court
Location data is only one piece of useful information your phone might provide. In countless criminal and civil cases, you could rely on:
- Photographs taken by the camera on your phone
- Copies of texts, voicemails, or emails that might bolster your case
- Phone records of who you called and how long you spoke to them
- Internet searches that you performed
The Police need a Court Order to Access Your Data
Our phones may track and collect more data about our location and activities than ever before, but that does not mean you have to give up your right to privacy. When deciding the case of Commonwealth v. Pacheco, the Supreme Court of Pennsylvania held that a search warrant or the “functional equivalent” is required before the police can ping your phone or otherwise find your location on your cell phone.
If the police or the prosecution in your case failed to get the necessary permissions before acquiring your data, our Philadelphia defense attorneys can use that fact to get all of the illegally acquired data suppressed. Once evidence is suppressed:
- The prosecution cannot present it at trial
- The prosecution cannot use that information against you
- If the illegally acquired data formed a significant portion of the prosecution’s case, they might be compelled to drop the case or reduce the charges against you
How Can You Get Cell Phone Location Data?
Your geographical location may be tracked by a wide range of mobile apps. Some of these come with your device by default, like your camera. Many of the apps you put on your phone, such as exercise or fitness apps, will also track this data.
If you ever need to prove your location in court, our criminal defense lawyers can turn to apps like the following to retrieve your location data:
- Chrome
- Maps
- Safari
- GasBuddy
- MapMyRide
- Life360
- Pokémon Go
- Yelp
- Weather
We can determine what data is available and how it might be helpful to you in court.
Learn More About How Your Cell Phone Location Data Could be Used as Evidence
Cellular data is only one type of evidence that might play a role in your criminal trial. To ensure you have the strongest defense possible, let the Law Offices of M.J. Snyder, LLC, review the charges against you, answer your questions, and evaluate your options. We can help you understand how GPS location data from cell phones can impact legal cases. Contact us right away to learn more.
