Drug Induced Homicide Defense Toolkit
Alongside privacy protections, also consider the underlying validity of the data. An expert on cell service location information could be valuable, as sometimes location information may not be as certain as the prosecution may assert, given that sometimes the non-closest tower may be used due to high traffic volume.247 3. Apps Finally, prosecutors and law enforcement may be able to obtain a wide variety of information generated or transmitted by the mobile applications on an individual’s smartphone. Mobile applications ("apps") are software designed to run on a mobile device and are widely employed by mobile device users248 to add a variety of functionality to their phone. As many mobile apps derive much or all of their revenue by targeted advertising, they are incentivized to collect, store, and transmit an enormous amount of information about their users.249 It is probable that prosecutors would seek to
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See Carrie Allman & Brie Halfond, Defending Drug Overdose Homicides in Pennsylvania, National Association of Criminal Defense Lawyers (Nov. 6, 2019), https://www.nacdl.org/getattachment/400082f9-aa38-426a-b6a1-6bdde325281c/powerpoint-allman-halfond .pdf. 248
According to one estimate, smartphone users “access 30 apps on a monthly basis” and “launch an average of at least 9 apps per day.” Sarah Perez, Report: Smartphone owners are using 9 apps per day, 30 per month, Tech Crunch (2017), https://techcrunch.com/2017/05/04/report-smartphone-owners-are-using-9-apps-per-day-30-per-month/. 249
Edward Balkovich et al., Electronic Surveillance of Mobile Devices: Understanding the Mobile Ecosystem and Applicable Surveillance Law, RAND Corp. RR800, 10 (2015), https://www.rand.org/pubs/research_reports/RR800.html.
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