Evidence the Government Gathers During Criminal Investigations

Here is a list of digital evidence and communication types that can be accessed by the government during a criminal trial:

• Email Content (Sent, received, drafts, and deleted messages from providers like Gmail, Outlook, Yahoo)
• Email Metadata (Sender/recipient IP addresses, timestamps, subject lines, message IDs)
• SMS and MMS Text Messages (Carrier-stored content and logs)
• Instant Messages/Chat Logs (WhatsApp, Facebook Messenger, Signal, Telegram, WeChat, Slack, Discord)
• Call Detail Records (CDRs) (Incoming, outgoing, and missed call numbers; call duration; time of call)
• Voicemail Recordings
  
• Cell Site Location Information (CSLI) (Historical tower connections showing general device location)
• Real-Time “Ping” Data (Live triangulation of a device’s location)
• GPS Coordinates (Waypoints stored on phone, vehicle navigation systems, or fitness trackers)
• Web Browser History (URLs visited, time of visit, duration)
• Search Engine Queries (Google, Bing, Yahoo search history)
  
• Web Cache and Cookies (Temporary files showing website interaction)
• Social Media Content (Public and private posts, tweets, photos, videos on Facebook, X/Twitter, Instagram, TikTok)
• Social Media Interactions (Likes, comments, shares, friend/follower lists, block lists)
• Direct Messages (DMs) (Private conversations on social media platforms)
• Cloud Storage Files (Documents, photos, backups stored in Google Drive, Dropbox, iCloud, OneDrive)
  
• Photo and Video Metadata (EXIF) (Camera model, timestamp, shutter settings, geotags/location of capture)
• Address Books and Contact Lists
• Calendar Entries and Appointments
• Notes and Voice Memos (Stored locally or in the cloud)
• Ride-Share Data (Uber/Lyft trip logs, pickup/drop-off locations, times)
• Financial Transaction Logs (Mobile banking history, Venmo/CashApp/PayPal transactions, crypto wallet activity)
  
• Smart Home Data (Amazon Echo/Alexa voice recordings, Google Home logs, smart thermostat usage, smart lock entry logs, Ring doorbell footage)
• Health and Fitness Data (Step counts, heart rate, sleep patterns, and GPS routes from Apple Watch, Fitbit, Garmin)
• Video Conference Data (Zoom/Teams/Skype recordings, chat transcripts, meeting attendee logs)
• System Logs (Device power on/off times, screen unlock events, app usage history)
• Computer Forensics (File creation/modification times, USB device connection history, deleted files recovered from unallocated space)
  
• Automated License Plate Reader (ALPR) Data (Database hits showing vehicle location at specific times)
• Public Transit Logs (Scan times and locations from metro cards or toll transponders like E-ZPass)

Now, here’s a list of physical evidence the government tends to collect.

Digital & Electronic Hardware

• Computer Hard Drives (Internal and external)
• USB Flash Drives (Thumb drives, jump drives)
• Solid State Drives (SSD)
• Laptops and Desktop Towers
• Smartphones and “Burner” Phones
  
• Tablets and E-Readers (iPads, Kindles)
• SD and MicroSD Cards (From cameras or phones)
• External Servers and NAS Units
• CDs, DVDs, and Blu-ray Discs
• Floppy Disks and Zip Drives (If you’re still living in 1995)
  
• Smartwatches and Fitness Trackers
• Digital Cameras and Camcorders
• GPS Navigation Units (Handheld or dash-mounted)
• Gaming Consoles (PlayStation, Xbox, Nintendo)
• Smart Home Hubs (Alexa/Echo devices, Google Home)
• Video Doorbell Units (Ring, Nest)
  
• MP3 Players and iPods
• Modems and Wi-Fi Routers
• Smart Appliances (Believe it or not, your fridge can testify)

Weapons & Ballistics

• Firearms (Handguns, rifles, shotguns)
• Spent Shell Casings and Bullets
• Live Ammunition and Magazines
• Holsters and Gun Cases
• Knives, Box Cutters, and Razors
  
• Blunt Instruments (Bats, pipes, hammers)
• Explosive Devices or Components
• Gunshot Residue (GSR) Swabs
• Silencers and Suppressors

Biological & Forensic Evidence

• Blood Stains and Spatter
• Hair Samples (Rooted or clipped)
• Saliva Swabs
• Semen and Vaginal Fluid Samples
• Skin Cells (Touch DNA)
  
• Fingernail Clippings or Scrapings
• Bone Fragments and Teeth
• Organ and Tissue Samples (Toxicology)

Trace & Impression Evidence

• Latent Fingerprints
• Palm Prints and Footprints
• Tire Track Casts
• Shoe Print Impressions
• Tool Marks (Crowbar pry marks, etc.)
  
• Bite Marks
• Fabric Fibers (From clothes, carpets, or upholstery)
• Glass Shards and Fragments
• Paint Chips (Common in hit-and-runs)
• Soil, Dirt, and Mud Samples
• Pollen and Plant Matter
• Dust and Insulation Debris

Documents & Physical Records

• Handwritten Notes and Letters
• Bank Statements and Tax Records
• Passports and ID Cards
• Property Deeds and Vehicle Titles
• Receipts and Invoices
  
• Ledgers and “Books” (For the organized crime types)
• Post-it Notes and Scribbles
• Forged Checks or Currency
• Diaries and Journals

Miscellaneous Physical Evidence

Trash and Dumpster Contents (Once it hits the curb, it’s fair game)

Stolen Property (Cash, jewelry, electronics)

Clothing and Footwear

Drug Paraphernalia (Scales, baggies, pipes, needles)

Controlled Substances (Narcotics, pills, powders)

Bags, Backpacks, and Briefcases

Vehicle Components (Steering wheels, floor mats, GPS chips)

Keys and Key Fobs

E-ZPass or Toll Transponders

Applicable Laws:

Maryland Tort Claims Act

42 U.S.C. § 1983

MD Declaration of Rights, Art. 26

Monell Claim

Federal Tort Claims Act

Rule 41(g) Motion for Return of Property

The “Takings Clause” (5th Amendment)

Inland Marine Insurance

18 U.S. Code § 2705(b) and a Section 2705(b) order – Legally compels tech companies to not notify customers.

The Privacy Protection Act of 1980 (42 U.S.C. § 2000aa)

Action of Replevin: This is your “fast-track.” You file this in District Court. You’re asking for an immediate Show Cause Hearing (usually within 3 weeks). You tell the judge: “They have my property, they aren’t charging me, and I need it to feed my family.” The judge can order the property returned before a full trial even happens.

Action of Detinue: This is for when the property is already gone, destroyed, or they simply won’t budge. You sue for the return of the items OR their value in cash, plus damages for the time you couldn’t use it.

You’ve been informed.