Reviewing Cell Phone Records In Criminal Investigations

Reviewing Cell Phone Records In Criminal Investigations

Meaghan Kleine Blog

Cell phone data has become a valuable tool for the justice system, especially in criminal cases. With approximately 98% of the US population owning a cell phone, and 91% using a smartphone, subpoenaing a suspect’s cell phone records is common. 

Law enforcement, criminal defense attorneys, and other legal professionals have access to programs that identify every action made on cell phones — there’s no masking “deleted history” or “hidden folders.” Anything suspicious will be called into question if the case goes to trial. 

But cell phone records can reveal much more than call logs and voicemails. In today’s modern age, cell phone data offers location tracking, internet search history, and more information that can convict or acquit suspects. 

Data Collection Methods

In order to retrieve cell phone records, a lawyer will file a subpoena request with the courts. Once a subpoena is approved and served, the individual must adhere to the request or experience legal consequences. 

Criminal defense attorneys and prosecutors use these records in the courtroom to strengthen their case. Here are two notable methods outside of call logs that can make or break a legal defense:

Cell Tower Pings 

With how simple it is to use a cell phone in today’s modern age, it’s easy to forget how cell phones work without being connected to a landline. Whenever an individual receives a call, sends a text, or uses their mobile data, the cell phone connects to a nearby cell tower to process the information. If you have poor service, you are a distance away from a functioning cell tower. 

 

 

But here’s the thing — our cell phones are constantly surveilling their connection to a cell tower. You can imagine this becomes a problem when someone claims they were in one spot, but cell phone data shows them somewhere else. 

Internet History

The majority of Americans probably cringe at the thought of someone sifting through their internet history, but researching true crime cases won’t make you a suspect in a criminal investigation. On the other hand, when law enforcement found searches for “dismemberment” and “can you be charged with murder without a body” in Brian Walshe’s history, it strengthened the prosecution’s case that he killed his wife. 

Incognito mode and deleting browser history won’t protect anyone from the law. In fact, deleting the history looks even more incriminating, because legal professionals will ask about the search and ask why it was removed. 

Case Review: How Cell Phone Records Helped Acquit Karen Read

In 2022, Boston police officer John O’Keefe was found dead, outside in the snow, after a night out drinking with his friend group. Karen Read, O’Keefe’s girlfriend, became the prime suspect after evidence seemingly pointed to Read striking O’Keefe with her car and fleeing the scene. 

 

 

In preparation for trial, Read’s criminal defense attorneys reviewed the cell phone records of the friends who saw O’Keefe the night he died. Among the group, there were: 

  • Text messages suggesting Karen Read was cheating on O’Keefe with one of his friends

    • This same individual destroyed their cell phone, broke the SIM card, and discarded the device after O’Keefe passed, but before it could be seized for evidence. 

  • Strange 2 AM phone calls between the friends, which were described in court as “butt dials” 

  • A google search for “hos long to die in cold” which was later deleted from the internet history

  • Fellow police officers mocking the information being collected from Karen Read’s seized cell phone

 

Read’s attorneys used this information to their advantage — O’Keefe’s death seems suspicious, but there are other individuals outside of Karen Read who saw O’Keefe shortly before he died. This evidence, in addition to other articles viewed in the trial, lead to the jury issuing a “not guilty” verdict. 

Need A Criminal Defense Attorney? Trust Hickey & Hull

If you’re wrapped up in a criminal investigation, you need an attorney dedicated to working on your case. Time is of the essence and attorneys need to prepare a strong argument for trial. 


So don’t waste time, contact our Little Rock office at (479) 434-2414 and schedule your initial consultation. You can rest easy with the legal professionals of Hickey & Hull handling your defense.