Digital silence may lead to strong inferences of when we were travelling, when we were sleeping, and when we may have turned our phone off (perhaps for the very reasons the prosecution is alleging).Īs lawyers, it’s important to be able to guide our clients through this terrain. And even when we are not transmitting data, the absence of footprints also speaks volumes. We are almost always transmitting data of some sort. Facebook updates, Instagram posts, tweets, chats, and stories. Our phones transmit data and information that is astounding, and overwhelmingly unknown by their users. For those that do, the tracking is now digital, not terrestrial.Įverywhere we go, we leave digital impressions. Tracking those footprints was the hard part. In 2017, those footprints have become far more ubiquitous, but also more elusive unless you know where to search. Evidence is merely a product of direct or circumstantial connections, or, “footprints’. Jack would use this analogy to describe how everything within criminal cases leaves a trace. When I was an articling student, my principal Jack Pinkofsky used to always say: “Footprints in.
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