Emerging Technology In Criminal Investigations
Emerging Technologies in Criminal Investigations
1. DNA Analysis and Genetic Genealogy
Modern DNA profiling allows investigators to identify suspects with high precision. Even partial DNA from crime scenes can now be matched with profiles in national and international databases. More recently, genetic genealogy—comparing crime scene DNA to data from ancestry websites—has opened new frontiers.
2. Digital Forensics
This includes retrieving data from computers, mobile devices, cloud storage, and encrypted communication. It plays a crucial role in cybercrime, fraud, and cases involving digital evidence such as emails, texts, and GPS data.
3. Facial Recognition Technology (FRT)
Facial recognition uses AI algorithms to match faces captured on CCTV or photos against a database of known individuals. It is increasingly used in identifying suspects or missing persons.
4. Predictive Policing and Data Analytics
These technologies use AI and big data to predict where crimes are likely to occur or identify individuals at risk of committing or falling victim to crimes.
5. Surveillance Drones and Body-Worn Cameras
Drones provide aerial surveillance of crime scenes, while body cameras on officers offer transparency and evidence during arrests and interactions with the public.
Landmark Cases Involving Emerging Technologies
1. Golden State Killer Case (2018) – DNA and Genetic Genealogy
Background:
Joseph James DeAngelo, also known as the Golden State Killer, was linked to over a dozen murders and numerous rapes in California during the 1970s and 1980s. The case went cold for decades.
Technology Used:
Investigators used genetic genealogy, uploading crime scene DNA to a public genealogy website (GEDmatch). They built a family tree of the suspect through relatives who had submitted their DNA, ultimately identifying DeAngelo.
Legal Issues and Precedent:
Privacy Concerns: The method raised questions about the legality of using consumer DNA databases for criminal investigations.
Result: DeAngelo was arrested and pled guilty in 2020, receiving multiple life sentences.
Impact: Set precedent for the legal use of genealogy databases and led to ethical debates and policies around data consent.
2. Riley v. California, 573 U.S. 373 (2014) – Digital Forensics & Cell Phone Searches
Background:
David Riley was pulled over for expired registration tags. A search of his smartphone linked him to gang activity and a shooting.
Technology Used:
Law enforcement accessed his smartphone without a warrant.
Supreme Court Ruling:
The U.S. Supreme Court held that police must obtain a warrant before searching digital information on a cell phone seized during an arrest.
Impact:
Landmark case in digital privacy and Fourth Amendment rights.
Clarified that cell phones contain vast personal data and deserve special privacy protections.
Affected how law enforcement handles digital evidence nationwide.
3. Carpenter v. United States, 138 S. Ct. 2206 (2018) – Cell Site Location Information (CSLI)
Background:
Timothy Carpenter was convicted based on months of historical cell site location data, placing him near robbery sites.
Technology Used:
Investigators obtained cell tower location data from his phone provider without a warrant under the Stored Communications Act.
Supreme Court Ruling:
The Court ruled that accessing long-term CSLI without a warrant violates the Fourth Amendment.
Impact:
Major victory for digital privacy.
Required law enforcement to obtain search warrants for extended location tracking using technology.
4. State v. Loomis, 881 N.W.2d 749 (Wis. 2016) – Predictive Policing and Risk Assessment Algorithms
Background:
Eric Loomis was sentenced partly based on a risk assessment algorithm (COMPAS) that predicted his likelihood of reoffending.
Technology Used:
COMPAS software uses data and AI to assess the defendant’s risk profile.
Legal Challenge:
Loomis argued that the use of a proprietary, non-transparent algorithm in sentencing violated his due process rights.
Court Ruling:
The Wisconsin Supreme Court upheld the sentence but cautioned against the heavy reliance on such tools.
Impact:
Raised concerns about algorithmic bias and lack of transparency.
Sparked national debate on AI and fairness in criminal justice.
Prompted some jurisdictions to evaluate the use of AI in sentencing.
5. United States v. Jones, 565 U.S. 400 (2012) – GPS Tracking Without a Warrant
Background:
Antoine Jones was suspected of drug trafficking. Police attached a GPS tracker to his vehicle without a valid warrant, tracking him for 28 days.
Technology Used:
Covert use of GPS tracking devices.
Supreme Court Ruling:
The Court held that placing a GPS device on a vehicle and using it to monitor movements constitutes a search under the Fourth Amendment.
Impact:
Set limits on surveillance technology.
Required warrants for long-term tracking.
Established that physical intrusion for surveillance purposes without judicial approval is unconstitutional.
6. People v. Marcellus Pittman (2019, Illinois) – Facial Recognition and Misidentification
Background:
Pittman was charged with robbery after a facial recognition system identified him from CCTV footage. He was arrested despite significant discrepancies.
Technology Used:
Facial recognition software matched his face to poor-quality surveillance images.
Legal Issues:
The defense raised issues of false positives and racial bias in facial recognition.
The match was the only piece of evidence used to detain him.
Outcome:
Case against Pittman was dismissed due to lack of corroborating evidence.
Impact:
Highlighted the risk of misidentification and overreliance on facial recognition.
Led to calls for transparency in FRT and safeguards against wrongful arrests.
Conclusion
Emerging technologies have transformed the landscape of criminal investigations, improving efficiency, accuracy, and the scope of law enforcement capabilities. However, they also bring significant legal and ethical challenges, especially around privacy, due process, algorithmic transparency, and potential bias.
The above case laws show that while courts increasingly recognize the value of technology in solving crimes, they also emphasize the importance of constitutional protections. The law continues to evolve, seeking to strike a balance between technological innovation and fundamental rights.
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