Deleting a text, photo, email or file does not always destroy it. Copies, backups, cloud systems, recipients and forensic recovery can allow supposedly deleted evidence to reappear months or years later.
A witness can look directly at a defendant and sincerely say, “That's the person I saw,” yet still be mistaken. Decades of wrongful-conviction cases have changed what courts know about eyewitness memory and certainty.
A locked phone can contain years of private information. Whether the government can force someone to unlock it may depend on how it is locked, what investigators already know and which court is deciding the issue.
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.
Screenshots of texts, social media posts and websites appear in court every day. But a screenshot does not prove itself. Courts still have to determine what it shows, where it came from and whether it is authentic.
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.
Phones and apps can create detailed records of where a device has traveled. In a criminal investigation, location history can place a phone near a crime scene—or help show that its owner was somewhere else.
Facial recognition and other automated systems can give police powerful investigative leads. When the technology makes a mistake, however, an innocent person can suddenly become the focus of an investigation.
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.
A confident eyewitness can be extraordinarily persuasive to a jury. But when that confidence developed—and what happened after the witness first saw the suspect—can matter as much as how certain the witness appears in court.
The Digital Evidence You Create Without Knowing It | Activist Legal
A witness gives one account immediately after an event and another months later. Changed stories can reshape a case—but the reason for the change may matter as much as the inconsistency itself.