Police can search many things after making a lawful arrest, but a smartphone is different. Here is why the Supreme Court generally requires a warrant before officers search the digital contents of an arrested person's phone.
Photos, email, social media, cloud files and online accounts can survive long after their owner dies. The law increasingly has to decide who may access, preserve or control a person's digital life.
AI systems increasingly help make decisions about employment, credit, insurance, housing and other opportunities. When an automated decision causes harm, the law still has to determine who is responsible.
DNA can identify more than the person who provided it. Genetic genealogy can use biological relationships to generate investigative leads, raising lasting questions about crime solving, family privacy and genetic data.
Facial recognition is turning the human face into a searchable identifier used by phones, airports, businesses and law enforcement, raising lasting questions about privacy, accuracy and identity.
The person who knows the most about a case may never testify. Death, disappearance, privilege, the Fifth Amendment and strategic decisions can leave jurors deciding what happened without hearing from a crucial witness.
Hours of surveillance footage can matter less than a few decisive seconds. A brief recording can contradict a witness, establish a timeline, reveal what happened before an encounter, or completely change how a case is understood.
A lawsuit can begin with one accident, one employee or one disputed transaction and uncover evidence of a much larger problem. Discovery can expose internal records, repeated complaints, hidden patterns and conduct nobody expected to find.
A case can have strong evidence and still unravel because of a missed deadline, lost record, inconsistent statement or procedural mistake. Some of the most consequential failures in litigation have little to do with who was originally right.
The Digital Evidence You Create Without Knowing It | Activist Legal
An ordinary photograph can preserve evidence nobody noticed when it was taken. Reflections, shadows, clocks, clothing, background objects and tiny details can later establish where someone was, when something happened, or whether a story is possible.
Doorbell cameras, store surveillance systems and home security cameras record far more than crimes against their owners. When something happens nearby, privately recorded video can become important evidence in a police investigation.