Your Phone May Be Your Enemy

According the recent studies, 90% of all US adults have a cell phone. While cell phones have become must have items and certainly make our lives more convenient they also have a downside in that everything we do, look at, text or even say is accessible to others, especially the police.

If you are arrested or suspected of committing a crime, you can be sure the police will seize your phone and conduct a forensic analysis to see what is in your phone’s memory.

I recently represented a young man who was charged with manufacturing and delivery of marijuana. The police seized his computer and cell phone. After obtaining a search warrant, they searched both the computer and cell phone and found kiddy porn. Thankfully, for this young client, they didn’t find actual files but merely images in the cache which showed that while he didn’t download actual files, he had looked at these images. And because he didn’t actually seek out these images, he thankfully wasn’t charged but still had to deal with the legal ramifications of looking at them.

Another client of mine is being accused of home invasion. She claimed that she was at her home at the time of the crime. The police are now investigating the records of her mobile phone carrier to see what cell tower she was connected to. If her phone was connected to the cell tower near the scene of the crime, you can be sure she will be charged.

Bottom line, your phone can be the strongest witness against you if you are charged with a crime. It remembers everything you do and the police are getting and better at unlocking its secrets.