To make matters more complex, if I were to murder someone I would leave me phone at home, maybe leave it playing videos. It would be much less likely that my phone is randomly at the house of someone who was just murdered if I am truly innocent. That alone does not prove me guilty, of course, but it sure doesn’t look good.
TheReturnOfPEB@reddthat.com 23 hours ago
I love this question.
The police would say, in my opinion, the the phone being somewhere was evidence if they needed it to be and say that it didn’t prove the owner was there if they didn’t want it to be useful.
Bazoogle@lemmy.world 4 hours ago
Ilovethebomb@sh.itjust.works 21 hours ago
Do you not understand the concept of a defence attorney? It’s not just the police that decide what is and isn’t evidence.
LordGimp@lemm.ee 20 hours ago
Does the defense attorney go out to the scene, conduct interviews, photograph items of interest, or secure custody of any evidence gathered?
It’s the police that decide what is “evidence” and attorneys argue over what they found later.
Ilovethebomb@sh.itjust.works 20 hours ago
Are you seriously suggesting a police force will not secure a murder suspect’s phone as part of their enquiries?
Or that, if they didn’t, this would work against them in court later?
LordGimp@lemm.ee 19 hours ago
Im suggesting that police will find the evidence that best fits the narrative they’re trying to portray. If the phone helps their case, sure. If it doesn’t, or contains evidence to the contrary, there’s a decent chance it’ll get “accidentally” misplaced if it’s even collected at all. They’re out to prove your guilt, not suggest your innocence.
kobra@lemmy.zip 20 hours ago
You act like police never withhold or tamper with evidence. The persons point was that police have an inherent advantage because they get the first and often only look at evidence for a good long while until it’s turned over to any defense team.
gravitas_deficiency@sh.itjust.works 7 hours ago
Attorneys can and do hire independent investigators in the course of their work.
Rhynoplaz@lemmy.world 23 hours ago
You are completely right, but I would hope the defense would submit it as evidence.