Q: Can a prosecutor use a record of movement from Android GPS Location History as evidence of a defendant's whereabouts?
I'm wondering about the admissibility of data from a smart phone in a criminal proceeding -- whether in an indictment or trial. If the police obtained the data with a warrant, do the courts recognize GPS Location History tracking as evidence proving a defendant's whereabouts on a given date and time?
A: If a search warrant is issued, I assume this question is not so much about 4th Amendment search and seizure issues as it is about the probative value of such evidence. The prosecutor, in such event, would want to have testimony of an expert concerning such matters as the accuracy, reliability, etc. of the data.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
