Menu Contact
Robert D. DiDio & AssociatesRobert D. DiDio
& Associates
Call To Schedule An Appointment
917-300-0984
SERVING NEW YORK WITH INTEGRITY & COMMITMENT

When our devices provide incriminating evidence: Part II

In our last post, we began a discussion about the privacy problems posed by our electronic devices. Not only do our devices collect and store information about our daily movements and activities, they sometimes share that information without our knowledge or consent. The incident in our last post was a particularly striking example.

In other cases, police may obtain search warrants for electronic records. A recent case involved a man who was charged with arson and insurance fraud after police examined data from his implanted heart monitor.

Last September, an Ohio man called police to say that his house was burning down. He told dispatchers that he noticed the fire, went to his bedroom, packed several bags and threw them out the window.

Given that the man has an artificial heart (and therefore has limited stamina), police were suspicious. A cardiologist cited in court documents said that the man's version of events was "highly improbable" given his health condition.

Ultimately, police obtained a search warrant to examine the electronic records of the man's pacemaker around the time of the fire. The examined data included the man's heart rate, heart rhythms and the demand on the pacemaker. The data suggested he was lying.

Investigators seemingly confirmed that the man was lying when they found that the fire had "multiple points of origin" from outside the house, and that the man allegedly had gasoline on his clothes.

Although the latter pieces of evidence are conventional, the electronic records from the medical device are possibly unprecedented. Given that the man needs this device to live, it is arguably part of him. Can this be reconciled with the Fifth Amendment's protections against self-incrimination?

As our electronic devices become ever more sophisticated and ubiquitous, the issue of personal data as evidence will become even more pressing. If you have been charged with a crime, please seek the help of an experienced criminal defense attorney right away.

No Comments

Leave a comment
Comment Information

What Our Clients Say

  1. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  2. Johnny From Astoria

    "Mr. DiDio represented me during a murder trial in 2008. I was acquitted of all charges and released from jail after a four-week trial. I am now pursuing a civil suit against the police to compensate me for the time I was wrongfully incarcerated. Mr. DiDio literally saved...

    - GREAT JOB MR. DiDIO!”
  3. Frank from South Jamaica

    “Narcotics officers from Queens County arrested me in front of my house and claimed I had pre-recorded buy money in my pocket after they said I sold cocaine to an undercover officer a few minutes earlier. I was not guilty of the charges and planned to go to trial to prove...

    - GREAT JOB MR. DiDIO!”
  4. Lamar from Brooklyn

    “The Special Narcotics Prosecutor in Manhattan indicted me for the possession of a large quantity of crack cocaine. The police officers claimed they saw me make a sale of cocaine to a female and while they were arresting me, they said a softball size bag of crack cocaine fell from...

    - GREAT JOB MR. DiDIO!”
  5. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  6. Kenny From Jamaica Queens

    “I don’t know how to thank Mr. DiDio and his Staff. When I first hired the Law Office of Robert DiDio & Associates, I had two violent felony charges pending against me. I had little or no hope of avoiding significant jail time. My former attorney was encouraging me...

    - GREAT JOB MR. DiDIO!”
  7. Christian from Long Island

    "My mother hired Mr. DiDio to represent me for my first and only criminal case. I was charged with criminal possession of a loaded firearm and other minor charges. Prior to indictment the Prosecutor's Office offered me a plea bargain that would include me pleading guilty to...

    - GREAT JOB MR. DiDIO!”
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
Kew Gardens Law Office Map