When New Technology Becomes Evidence

While developments in technology improve the everyday lives in countless positive ways, they also create novel means by which the police investigate crime. Prosecutions of many different types rely increasingly on the discovery of incriminating (or allegedly incriminating) digital evidence, not only through searches of smartphones and social media applications/platforms (Facebook, Instagram, Snapchat), but also from new, unexpected sources that record and collect data regarding the daily activity: personal IoT (Internet of Things) devices such as fitness trackers and smartwatches; home assistance devices (Amazon Echo, Google Home); and smart home appliances (Google Nest thermostats and other devices).

The successful defense of any case involving digital evidence requires a lawyer to understand how the police gather it, how it is produced and effectively managed during the discovery phase, how the prosecution uses it at trial, the many ways by which to challenge its admission, and, if admitted, how it might be used to the client’s advantage.

The expert faculty discusses the admissibility of new types of evidence, the challenges faced by attorneys from both sides of the aisle in trying to produce, manage, and prepare for trial, and to explain the evidence to the finder of fact, and how to try to keep this evidence out if it hurts your case. Don’t fall behind! Learn how this evidence is being gathered, produced, and used across the Commonwealth.