Electronic data is a factor that plays an important role in an increasing number of criminal cases. Law enforcement officials use multiple different methods to collect data about suspects, including where they have traveled and the people they have contacted or associated with. While people are becoming more aware of the risks that their personal information may be accessed through their cell phones, they may not realize that the vehicles they drive may also be collecting information that could be accessed by law enforcement. 

The extent of this issue was recently made clear when The Intercept obtained a contract between U.S. Customs and Border Protection (CBP) and a Swedish firm that provided “vehicle forensics kits.” This contract described the ways that CBP could use the firm’s technology to obtain evidence about how a vehicle was used, as well as data from cell phones or mobile devices that paired with a vehicle. While this specific contract only applied to CBP, other law enforcement agencies such as local police departments may have access to similar technology that will allow them to obtain vehicle data during criminal investigations.

Types of Data Collected by Vehicles

The computer systems on modern vehicles store a great deal of information that could be used to track a person’s movements and activities. A car’s telematics system can track the speed at which a vehicle has traveled, when headlights were switched on and off, when doors were opened, when seat belts were used, and much more. When combined with information from a vehicle’s navigation system, this may allow law enforcement to determine the locations a person has visited, whether they were carrying passengers, and when they stopped or exited their vehicle.

A former Connecticut police officer was sitting at home minding his own business when five state troopers arrived with a warrant to seize all of his legally-owned firearms. The 76-year-old man had committed no crime, had no history of violence, was not under arrest, and was not being charged, but the state police still seized more than 80 guns from the man’s home pursuant to a Firearm Safety Warrant. Connecticut is one of just five states to allow this type of controversial warrant, though many more are considering them in light of recent tragedies involving gun violence.

Firearm Safety Warrants

In 1999, the Connecticut Legislature passed what lawmakers called “risk warrant” legislation. The law allows courts to issue firearm seizure warrants based on reports from the general public that a person (gun owner) poses an immediate threat of personal injury to themselves or others. The subject of such a warrant does not need to have broken any laws in order for the seizure to be conducted. The police can hold seized firearms for up to two weeks while a hearing is scheduled. At the hearing, a judge then determines the status of the guns. Some are returned to the owner immediately, others are held for up to one year, and a small number are forfeited and sold or destroyed.