Cell phones occupy such an important role in our daily lives that it is virtually impossible to go anywhere and not encounter someone using a cell phone. Whether we use them simply to make telephone calls, as a camera, for going online, playing the latest games, or using apps of all kinds, cell phones occupy our daily lives like no other device. According to a Mobile Fact Sheet released by the Pew Research Center in April 2021, 97% of Americans own a cell phone of some kind. 87% own a smartphone, which represents a substantial increase from just 35% ten years earlier.

Cell Phone Data & the Fourth Amendment

While much of the data stored on a cell phone may seem mundane, in truth, we use cell phones to record and memorialize many significant events, store important documents, share information (sometimes of a highly sensitive nature) with others, find locations on digital maps, and track our whereabouts, in addition to merely surfing the Web as one might with a computer. As a result, in 2017, the United States Supreme Court, in Carpenter v. United States, recognized a substantial privacy interest against governmental intrusion into cell phone data. 

Carpenter involved a criminal matter where the police arrested four men on suspicion of committing a series of armed robberies. One of the men confessed and gave the FBI his cell phone number as well as the other three men's cell phone numbers. The FBI then used this information to obtain orders from a magistrate judge to obtain "transactional records" from the men's cell phones from their service providers, including the dates and times of calls and geolocational data that showed where the calls originated and ended. The FBI did not obtain a warrant to search the cell phones.

Based on the information the FBI obtained from the service providers, they charged the men with the robberies. One individual, Timothy Carpenter, moved to suppress the evidence obtained by the FBI, which ultimately led to the Supreme Court's landmark decision mandating that the government must obtain a warrant before accessing sensitive data stored on cell phones. It should be noted, however, that Carpenter was a slim 5-4 decision. One might question whether the outcome would be the same today given the current composition of the Court.

To illustrate the point, see the image below showing the composition of the majority and the dissent in Carpenter. The image was obtained from Oyez.org, a wonderful website discussing Supreme Court decisions. A Oyez.org discussion of Carpenter can be found here.

Cell Phone Data in Civil Cases

Because cell phones are so commonplace, no reader should be surprised to learn these ubiquitous devices are a treasure trove of potential evidence for use in civil cases. Here are just a few ways your cell phone can become the "star witness" in your civil case:

1. Text Messages and Emails: A Digital Trail

Text messages and emails exchanged via cell phones often serve as invaluable evidence in civil cases. These electronic communications can provide crucial insights into contractual agreements, negotiations, and the intentions of involved parties. Whether it is a conversation regarding a business deal, an exchange between disputing parties, or evidence of harassment in a workplace dispute, text messages and emails can offer a comprehensive digital trail that sheds light on the facts and circumstances of a case.

2. Call Logs and Records: Establishing Communication Patterns

Call logs and records from cell phones can play a pivotal role in civil litigation, particularly in cases involving personal injury, harassment, or contractual disputes. By analyzing call data records, attorneys can establish communication patterns, determine the frequency and duration of interactions between parties, and corroborate testimonies. Whether it is a car accident case where call records establish distracted driving or a harassment case where repeated calls signify unwanted contact, this data can provide compelling evidence to support legal arguments on both sides.

3. GPS and Location Data: Mapping Movements

Cell phones constantly track our locations through GPS technology, generating a wealth of data that can be utilized as evidence. This location information can be instrumental in establishing timelines, verifying alibis, and corroborating witness testimonies. In personal injury cases, for instance, GPS data can help reconstruct accident scenes and determine the movements of involved parties leading up to the incident. Similarly, in family law matters such as custody disputes, location data can provide insights into parental whereabouts and adherence to custody agreements.

4. Multimedia Evidence: Capturing the Moment

The proliferation of smartphones with high-quality cameras has revolutionized the way evidence is captured in civil cases. Photos, videos, and audio recordings captured on cell phones can offer compelling evidence to support or undermine cases. Whether it is documenting property damage in a landlord-tenant dispute, capturing workplace harassment incidents, or recording contractual breaches, multimedia evidence obtained from cell phones provides an unfiltered glimpse into pivotal moments that can sway the outcome of a case.

5. Social Media Activity: Unveiling Digital Footprints

Millions of people interact with social media via their phones. The digital footprints left behind on these platforms can serve as valuable evidence in civil litigation. Attorneys often scour social media profiles for posts, comments, photos, and other interactions that may be relevant to a case. Whether it is evidence of extravagant spending in a divorce proceeding, contradictory statements in a personal injury claim, or discriminatory behavior in an employment dispute, social media activity captured on cell phones can significantly impact the outcome of civil cases.

Embracing the Digital Age in Civil Litigation

As cell phones have permeated every aspect of modern life, their role in civil litigation has become increasingly prominent. This trend will certainly continue in the future. From text messages and call logs to GPS data and multimedia evidence, cell phones offer a potential evidentiary gold mine of information that can shape the trajectory of civil cases. For attorneys and litigants alike, understanding the nuances of cell phone evidence and harnessing its potential can be the key to achieving favorable outcomes in the pursuit of justice in today's digital age.

At Young Law Group, we recognize the significance of cell phone evidence in civil cases and leverage cutting-edge technology and legal expertise to navigate the complexities of modern litigation. Contact us today to learn how we can assist you in your legal matters.