A smartphone, such as an iPhone or Android device, contains location and geotracking data that can be used to determine its location at almost any time. The police are often interested in this data when they take suspects into custody.
The police use a cell phone’s location data to determine whether it was near the crime scene. If the phone was at or near the crime scene, its owner was likely there as well, and this information may be used to assess criminal charges. Prosecutors may seek to use phone location data in court to support claims that the defendant was involved in the crime. However, phone data is considered private and is protected by the Fourth Amendment. An attorney can help you protect yourself and your data.
Get a free legal assessment from our NJ criminal defense attorneys by calling the Law Offices of John J. Zarych at (609) 616-4956.
How Can the Authorities Use Cell Phone Location Data in NJ Criminal Investigations?
Cell phone location data may be used to incriminate a suspect and provide probable cause for their arrest. It can also be used in court as evidence. As such, it is important to understand what your phone’s location data could mean and how it could be used against you.
Tracking a Suspect’s Movements
Cell phone location data may come from multiple sources. Your phone may ping different cell towers in the area, and the authorities can use this data to triangulate the phone’s location. Data from any Wi-Fi networks the phone may have accessed can also be used to determine an approximate location.
How the location data changes may be used as incriminating evidence. For example, if the phone is found to have been at the crime scene before later pinging cell towers near the suspect’s home, it may suggest that the suspect was involved in the crime before returning home.
Determine a Suspect’s Location at the Time of a Crime
Generally, authorities want to see phone location data to determine whether the phone was near the crime scene. However, just because the phone was near the crime does not mean the person who owns it was also there. Someone might have borrowed or stolen the phone, or the owner might have lost it.
The next thing that investigators must do is connect a suspect to the phone. The police will need additional evidence to show that you likely had your phone with you when it pinged a cell tower or that you did not lose it or lend it to anyone.
Connecting Suspects to Other Suspects
Cell phone location data can sometimes be used to connect suspects to one another. If your cell phone location data lines up with the data found on another suspect’s phone, the authorities may believe that you are both connected with the crime. However, they will likely need additional evidence to prove these claims in court.
How Can I Protect My Cell Phone Location Data in a Criminal Investigation?
The authorities may not access cell phone data unless specific legal procedures are followed. Not only that, but cell phone location data alone might not be enough for prosecutors to meet their burden of proof. A lawyer can help you understand how to protect yourself and your rights.
Search Warrant Requirement
The New Jersey Supreme Court ruled in 2013 in the case of State v Earls that the police need a search warrant in order to access cell phone location data because cell phones and their contents are private and should be protected.
If the police access your cell phone location data, our NJ criminal defense attorneys will demand to see the required search warrant. If there is no warrant, we can file a pretrial motion to exclude the data from your case so it cannot be used against you.
Check Your Phone’s Privacy and Security Settings
A great way to protect yourself is to check your phone’s security settings. If there is any way you can increase security on your phone to make it harder for others to access it or see location data, you should do so.
You may want to change passwords and activate the strongest privacy settings possible. If certain data can be accessed with a login, you may want to enable two-factor authentication, if possible. This way, even if the police have a password or code to unlock the phone, they may still be blocked from viewing anything important if they cannot complete the two-factor authentication process.
Lock Your Phone if You Are Arrested
The police may seize your phone during an arrest, but they may still not conduct a thorough search without a warrant. The police may quickly seize items on your person, including your cell phone. Unlocked phones may allow the police to see all sorts of private information.
If the phone is unlocked, the police may search the phone’s home screen for information, such as messaging apps. To prevent this, you should lock your phone before the police can take it, and do not unlock it for them if they ask.
FAQs About How Cell Phone Location Data Affects Criminal Investigations in NJ
What Can Criminal Investigators Do with My Cell Phone Location Data?
Criminal investigators may use cell phone location data to determine where a phone was located at the time a crime was committed. Often, investigators want to see if the phone was at the scene of a crime. If it were, there is a strong chance that the phone’s owner was also there and may have been involved.
How Do the Police Obtain My Cell Phone Location Data?
The police may obtain your cell phone location data if they first obtain a valid search warrant. Your cell phone data and information are private, and the police cannot search your phone unless they go through the appropriate legal channels. However, in emergency circumstances, the police may access a phone without a warrant, though this is less common.
Can I Protect My Cell Phone Location Data from the Police?
First, you should lock your phone immediately if the police take you into custody. Make sure your phone cannot be accessed without a passcode. This way, the police cannot open your phone at all.
You should also adjust your phone’s privacy and security settings to the highest available settings. If any apps on your phone require a login, enable two-factor authentication to make it even harder for the police to access any data on the phone.
Can I Prevent Prosecutors from Using My Cell Phone Location Data in Court?
Possibly. If the police accessed your cell phone data without a search warrant and cannot prove that a valid exception to the warrant rule applies, the data may be considered illegal or tainted evidence. As such, we can file a pretrial motion to exclude this data so prosecutors cannot use it in court.
How Can I Challenge Criminal Accusations Based on Cell Phone Location Data?
Remember, cell phone location data only proves where a specific cell phone was at a specific time. It is more than possible that a cell phone was near a crime scene, but its owner was not. If your phone was missing, stolen, or you lent it to someone when the crime occurred, you may be able to challenge criminal allegations based on cell phone location data.
Speak to Our NJ Criminal Defense Lawyers About Your Case Now
Get a free legal assessment from our Ocean City, NJ criminal defense attorneys by calling the Law Offices of John J. Zarych at (609) 616-4956.
