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No one enjoys the thought of someone rummaging through their internet search history, and the prospect of court prosecutors using or revealing that information can be quite unsettling. However, it’s essential to understand how your internet search history can potentially be used against you, particularly if you are facing charges related to internet crimes or other criminal offenses.
Can Google Searches Be Used in Court?
Under California Penal Code § 1546.1, government bodies (such as state departments or agencies) possess the authority to access electronic communications information from service providers or require individuals to provide such access through a warrant or wiretap order. This electronic communication data encompasses several categories, including:
- Contents of communications
- Sender information
- Recipients’ details
- Location information of senders and recipients during communications
- Time and date stamps indicating when messages were created, sent, or received
- Information related to any device involved in the communication, including IP addresses
Can Your Internet History Be Subpoenaed?
If your internet search history is deemed relevant to a case, prosecutors can issue a subpoena to access it, as well as your computing device. Many believe that deleting their browser history or using incognito mode would suffice to protect their information, but it’s important to note that internet service providers and Google maintain a record of your searches.
Searching for information isn’t inherently illegal; however, certain searches can raise concerns, especially when they pertain to criminal activity (such as possession of child pornography).
When Could Your Search History Become Important Evidence?
Access to your internet search history may be granted in cases involving fraud, hacking, electronic harassment, blackmail, and various internet-related crimes. Furthermore, your search history could be relevant in several types of criminal investigations.
For example, if you access a link that is monitored by law enforcement, such as sites engaging in child exploitation, those linked to terrorism, or platforms offering illegal downloads, prosecutors may seek a search warrant to examine your home computer. Additionally, your search history or computer data might be used to illustrate intent, motive, or communication with alleged co-conspirators.
Why You Should Consider Hiring a Criminal Defense Attorney
If you are arrested and charged with a crime, consulting a proficient attorney is crucial for adequately challenging the inclusion of your browser search history as evidence. Even if the prosecution manages to admit your search history in court, a skilled attorney can help contextualize the evidence, ensuring it’s not taken out of context or presented as merely circumstantial.
With over a decade of legal experience, the Law Offices of Nabiel C. Ahmed in Oakland, California, provides trusted legal counsel and representation. If you’re in need of expert legal support, reach out to our offices at 510-576-5544 today.
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