Challenging Digital Evidence in Criminal Cases: What Miami Defendants Should Know

In today’s criminal investigations, digital evidence is often a major factor — and sometimes the only evidence presented. From cellphone records and GPS tracking to social media activity and text messages, prosecutors in Miami-Dade and South Florida are increasingly relying on digital data to build their cases.

But just because the evidence is digital doesn’t mean it’s always accurate or legally obtained. At the Law Office of Francisco Marty, we fight to challenge questionable digital evidence and protect our clients’ constitutional rights every step of the way.

What Counts as Digital Evidence?

Digital evidence can include:

• Smartphone location data and call logs
• Text messages, emails, or direct messages
• Social media posts or videos
• Surveillance footage (private or public)
• Computer search histories
• Data from smart devices (e.g., watches, home assistants)

In Miami, law enforcement agencies often work with federal partners and forensic specialists to extract and present this data in court. However, the collection process is not always flawless — and that’s where skilled criminal defense makes a difference.

Common Digital Evidence Issues in Miami Cases

1. Illegal Searches and Seizures
   Law enforcement must follow strict rules when accessing your personal devices or digital accounts. If a phone was searched without a proper warrant — or a warrant was too broad — that data may be inadmissible.
2. Misinterpretation of Data
   Text messages, GPS pings, or social media posts can be taken out of context. It’s up to your defense attorney to show how the data is misleading, incomplete, or irrelevant.
3. Chain of Custody Problems
   Digital evidence must be handled, stored, and documented correctly. If a prosecutor can’t show a clear chain of custody, the data’s integrity may be challenged.
4. Authenticity and Alteration Concerns
   Screenshots and copied messages are easily fabricated or edited. Defense attorneys can demand original data sources and forensic validation before accepting digital evidence.

How Francisco Marty Challenges Digital Evidence

We begin with a full review of the prosecution’s digital case and evaluate:

• Whether a valid warrant was issued
• If the search scope was exceeded
• Who accessed or handled the data
• How and when the data was extracted
• Whether any rights were violated during questioning or search

When possible, we file motions to suppress evidence before trial, removing damaging or illegally obtained digital content from the case altogether.

Real-World Impact: Digital Evidence in Action

Example: A Miami client was charged with burglary based on cellphone location data. Upon review, we discovered the GPS coordinates were imprecise and the phone had been accessed without a valid warrant. The court ruled to suppress the data, weakening the prosecution’s case and helping our client avoid conviction.

Digital Evidence and Your Rights

Under the Fourth Amendment, you have the right to be free from unreasonable searches and seizures — and that applies to your digital life. Law enforcement must follow strict legal procedures when accessing:

• Locked smartphones
• Cloud backups
• Email and social media accounts
• Third-party app data (Uber, WhatsApp, etc.)

If they don’t, your rights may have been violated — and your case may be defensible.

Facing Digital Evidence in a Criminal Case?

If you or a loved one is facing charges and digital evidence is part of the prosecution’s case, don’t assume it’s ironclad. With the right legal strategy, that data can often be questioned, limited, or removed entirely.

Protect your privacy. Defend your future.
Contact Francisco Marty today for a free consultation and learn how we challenge digital evidence in Miami criminal cases — and fight for your freedom.