Music. Hi, this is Mike Haber. Thanks for asking me how can my smartphone be used against me as evidence in my criminal case. First off, you should know your cell phone is a potentially damning piece of evidence and that your cell phone can be used against you in court pretty easily. Cellular forensics is an established science whereby a ton of data can be extracted from your mobile device, analyzed, preserved, and then tendered as evidence in court. A small sampling of things that cellular forensics experts may be able to retrieve from your smartphone include contact lists, call histories, text messages, multimedia messages, internet browser history, instant messaging, pictures, videos, GPS coordinates, app histories, and in many, if not most instances, a cellular forensic expert can mine this information from your smartphone whether it exists in the moment or even if you've deleted the data, and sometimes even without the actual phone. Because of today's smart phone capabilities and due to cellular forensic experts' use of specialized hardware and software, your mobile phone is very much like your digital DNA. In fact, digital DNA is a bona fide term used now like any other form of evidence. In order for your cell phone data to be admitted into a criminal case, it must first have been lawfully obtained, meaning not illegally acquired. It's subject to authentication, meaning whoever's trying to admit it must first lay the proper predicate. And it's got to be relevant, meaning that it's got to tend to prove or disprove a material fact in your case. The bottom line is that every time you use your smartphone, electronic evidence which could potentially be admitted into evidence against you is being generated. Thank you for your question. I appreciate your having asked it and I invite you...
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