In recent years, cell phones have become one of the most important sources of evidence for Missouri prosecutors to build criminal cases. When your cell phone becomes evidence in a criminal investigation, contact a defense attorney as soon as possible to discuss your legal options.

The Importance of Digital Evidence

Today’s smartphones contain a plethora of digital evidence that prosecutors may use to build criminal cases. Examples of data stored in cell phones include:

• Call logs
• GPS history
• Emails
• Text messages
• Browsing history
• Photos and videos
• Social media usage
• Cloud backups

Smartphone data prove helpful to Missouri prosecutors in a criminal investigation. For example, cell phone data may constitute direct evidence of a crime, such as when a person stores child pornography on their cell phone. However, other data like GPS tracking and cell tower logs can help prosecutors develop a timeline of events by establishing a suspect’s location at specific times. Social media posts, emails, and text messages can also provide evidence of an individual’s state of mind or consciousness of guilt.

With modern technology, deleting data from a cell phone may not make it irrecoverable. Computer forensic analysts can reconstruct deleted data. Newer cell phones also back up much of their data to the cloud, allowing law enforcement investigators to recover deleted data.

Location Tracking and GPS Data

Prosecutors may seek location tracking and GPS data from a suspect’s cell phone to confirm their location, such as their presence at or near a crime scene when the crime occurred. GPS and cell tower data can contradict defendants’ alibi evidence to prove they (or their cell phone) were somewhere other than where the defendant claimed they were. Location data can also corroborate surveillance footage by supporting a determination that the defendant was the individual depicted in the footage. Prosecutors may not need to recover location data directly from a suspect’s phone, as they can obtain some types of data, such as cell site location information, from the cellular service provider.

Communication Records

Law enforcement investigators may copy and review communications records on a suspect’s cell phone to provide evidence of a suspect’s participation in a crime. For example, text messages may prove that a suspect had arranged to conduct a drug deal. Group texts can also support the prosecution’s theory of a conspiracy among two or more defendants. In many cases, prosecutors will call law enforcement officials with expertise in slang or codewords used by criminals, such as terms used to describe drug activity, thefts, or assaults.

Photos and Videos

Photos and videos taken from a suspect’s cell phone can provide compelling evidence of guilt. For example, criminals may take photos or videos of themselves engaging in criminal activity or possessing contraband, which clearly incriminates an individual in an offense. Photos and videos can also constitute contraband, such as photos or videos of child pornography. Finally, metadata taken from photos and videos can include location tags and timestamps, which may help prosecutors build a timeline of events in a criminal case or contradict a defendant’s alibi evidence.

Search History and Internet/App Usage

Investigators may comb through a suspect’s search history on their cell phone’s web browser to find potentially incriminating evidence, such as when a person searches for information about how to commit a crime, how to cover up a crime, or what actions might constitute a crime. Alternatively, suspects may search for information about law enforcement tactics and investigative techniques. Search and browser histories might provide evidence of a defendant’s premeditation if they looked up information about a crime before they committed it or of a defendant’s consciousness of guilt if they looked up information about how to cover up a crime, how to beat a criminal charge, or travel information to leave the area.

Understanding the Law Governing Phone Searches

Before law enforcement investigators can search a suspect’s phone, they usually must obtain a search warrant to seize the phone from a suspect and examine its data. Although police may seize a cell phone under an exception to the warrant requirement, such as in a search incident to arrest or an inventory search after impounding a vehicle, officers may still need a warrant to examine the phone’s data. However, a cell phone owner can consent to a search of their phone’s contents; police might infer such consent when a cell phone owner hands their unlocked phone to an officer.

Contact a Criminal Defense Attorney Today

When Missouri police seize and search your cell phone, you need knowledgeable legal counsel and advocacy to protect your rights and interests if prosecutors use evidence from your phone to bring criminal charges against you. Contact Frank & Juengel Law Group P.C. today for an initial consultation with our legal team to learn more about the importance of cell phones in criminal investigations and prosecutions.