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Smart Watches, Fitness Trackers Joining List of Technologies used as Evidence

Mark Mandell, Esq.

In a current murder case in Connecticut, Police have cited Fitbit records in the arrest warrant of the husband in the death of his wife. According to the husband, a masked intruder entered their home tying him down while shooting his wife. But, according to police, the records of the wife's Fitbit show that she was up and moving after he alleged she was murdered.

This is not the only case where police and attorneys have relied on evidence from Fitbits and other fitness trackers while making their case.

In a sexual assault case last June, the defense counsel used Fitbit evidence to demonstrate that the women had been lying about the alleged rape. The victim testified that she was pulled out of bed and raped, however, police used data from her Fitbit to confirm that she was indeed walking around the entire night and had never been sleeping. The woman was charged with making a false report and tampering with evidence.

In another recent case, Fitbit data was used as court evidence in a personal injury lawsuit. The plaintiff used the reports logged on her Fitbit to defend her request for compensation and to prove that her physical condition had changed as the result of a car accident.

As is the case with a growing list of technologies, these new advancements are changing several landscapes throughout the world. Although the law is not usually considered a technologically advanced practice, it is still important for law enforcement and attorneys to be adaptive towards these advancements as they can be used as vital evidence in many different kinds of cases.

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