Attorney Explains Why You Should NEVER Store Evidence of Crime on Your Phone!!

Posted by Corey L. Scott | Mar 03, 2023 | 0 Comments

Even private property where people store sensitive information can be used as evidence against them in a criminal trial — that includes their cellphones. Any photos, videos, messages, or other files associated with a criminal offense can easily be accessed by the police, State, or court to prove the commission of the crime beyond reasonable doubt and get the accused convicted.


Risks of Storing Evidence of Crime on Your Phone

While phones are personal property that seems like a good place to keep private information, evidence of crime should never be one of them. A phone is not as private as people think: some people may have access to it, and it can get lost or be subject to a search warrant.


Other People Can Have Access

Some people have no problem sharing their lock screen passwords with the people close to them, giving them access to all the files, photos, videos, and other pieces of information on the device. While one can argue that they only share their passwords with trusted individuals, not everyone will be keen on keeping evidence of a crime a secret — even if the offender is a loved one.

In fact, our law firm has handled a case of a young man who ended up being put behind bars because of photos and videos of crime on his phone. We were able to get him out through bail, but his ex-girlfriend, who still had access to his phone, forwarded the photos and videos of the illegal activity to the probation department. This led to him being sent to jail.


Losing/ Misplacing the Phone

Another thing that can happen is the phone gets lost or misplaced. If it's not password protected, others may find the incriminating evidence and report them to the authorities. It may sound like a long shot, but these strange things do happen in real life.


Search Warrant

If the law enforcement has reason to believe that a mobile phone contains evidence of illegal activity, they can apply for and get a search warrant from the judge to allow them to seize the phone and go through it. Any evidence obtained can then be admitted to evidence.


Never Store Evidence of Crime on Your Phone

Evidence of a crime is not something that should be kept on a mobile device, especially if the accused is fighting a case or is under court supervision. To protect themselves, they should wipe out everything that can be used as evidence against them — or better yet, never take photos and videos of the crime in the first place.

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.


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