What Does My Cell Phone Have to Do with My Case?
Potentially a lot. As Chief Justice John Roberts stated a Supreme Court opinion from a few years ago, cell phones "are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy." It should come as a shock to no one that your cell phone contains a lot of data about you - where you've been, what you read or listen to, who you communicate with, and any other number of different data points. All of that information is potentially discoverable in a court case where you're a named party. Likewise, the same information can be obtained from another person and can either help you or hurt you. The trick is in finding an attorney who knows and understands the law regarding privacy and cell phones in order to protect your interests. Your attorney must know how to get the information that helps your case and to keep out the information that does not.
Here are just a few things to consider when choosing an attorney:
- How much experience do they have with the discovery of electronic evidence?
- Do they know the difference in how information is collected and stored on iOS and Android devices?
- Do they understand the distinction between call logs, text message logs, and data logs from cellular service providers?
- Do they know how to get cellular service providers to turn over information?
- Do they know the best ways to extract information without making it invalid?
- What is their plan to get your evidence admitted and to keep the other side's evidence out?
There are just a few of the basic questions that are important in both civil and criminal cases. Technology is constantly evolving, along with the laws that govern it. Make sure you pick an attorney that understands both.