In the 21st century, nearly everyone spends a significant amount of their lives online, and while many people do not realize it, these activities leave a digital trail that could potentially be used against them if they are facing criminal charges. Law enforcement officials may be able to access a great deal of data about a person, their contacts, the places they have visited, and their activities, and this information could be used as evidence in a criminal case. This is especially true in cases involving federal charges, since investigators and prosecutors who work for the federal government have significant resources and the power to access a great deal of information about a person that could be relevant to a case.
Types of Digital Evidence
The extent of the evidence that officials may be able to gather has been made clear as federal agencies seek to investigate and prosecute those who participated in the riots at the U.S. Capitol that took place on January 6, 2021. In these cases or other types of federal crimes, information that could be used as evidence may include:
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Cell phone data - The smartphones that most people carry with them everywhere they go reveal a great deal of information about them. If law enforcement officials obtain a search warrant, they may be able to access everything that is stored on a person’s phone, including the calls they have made and the text messages and emails they have sent and received. However, even if officials cannot access an individual phone, they may still be able to gather phone-related data. Dumps of information from cell phone towers can be used to identify people who were in a certain location at a certain time, or GPS location data and other information captured by the apps on a phone may be made accessible to law enforcement, allowing them to track a person’s activities.
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