Tech

Digital footprints secure convictions as defendants incriminate themselves online

From Utah to Minnesota, courts rely on device data to prove guilt, raising questions about privacy and the permanence of digital confessions.

Author
Owen Mercer
Markets and Finance Editor
Published
Draft
Source: Ars Technica · original
Cell phone users can't stop incriminating themselves
Ars Technica report highlights trend of search histories and messages used in criminal trials

A 2026 report by Ars Technica underscores the growing reliance on digital forensics in criminal justice, detailing how defendants’ online activities frequently provide the evidence needed for convictions. The publication examines cases where search histories, text messages, and cell tower data have been pivotal, illustrating a pattern where individuals voluntarily divulge incriminating details through their devices.

The article centres on the trial of Kouri Richins, a Utah real estate agent sentenced to life in prison without parole for the murder of her husband, Eric Richins, and related insurance fraud. Authorities seized her initial iPhone following the March 2022 death, noting that text messages around the time of the incident had been deleted. Cell tower pings further established her location in the days leading up to the death, forming a key part of the state’s case.

Prosecutors placed significant emphasis on a second iPhone purchased by Richins in April 2022. Digital forensics expert Chris Kotrodimos presented evidence showing she had searched for information on remote iPhone data deletion. The New York Times reported that forensic analysis of burner phones used by Richins revealed queries such as “how long does life insurance companies take to pay” and “what is a lethal dose of fentanyl.”

Additional searches cited in the report included visits to pages titled “what happens to deleted messages,” “how do police and forensic analysts recover deleted data from phones,” and “Signs of Being Under Federal Investigation.” Local news channels also noted she accessed articles regarding delays in claim payments for death certificates with pending causes of death.

The report contextualises Richins’ case within a broader trend, citing the 2024 Minnesota incident involving Samantha Petersen. Petersen, who was under the influence of methamphetamine, killed two children in an Amish buggy crash. Her conviction relied on phone data, including searches for “what happens if you get in an accident with an Amish buggy and kill two people,” and text messages admitting her guilt. She pleaded guilty in 2025 and was sentenced to four years in prison.

Other examples include the 2014 Georgia case of Justin Ross Harris, whose murder conviction was overturned in 2022 due to prejudicial evidence extracted from his phone. Although the murder verdict was tossed, Harris remained imprisoned on separate charges involving sexual messages with minors before being released in 2025. The article also references a Florida woman accused of strangling a friend, who had searched for information on rendering someone unconscious shortly before the killing.

Ars Technica concludes that while users often express paranoia about corporate surveillance, their voluntary digital disclosures provide investigators with ample material. The report suggests that search history and device data are now readily accessible via subpoena, making digital privacy increasingly difficult to maintain in the face of criminal investigations.

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