Can My Search History Be Used as Evidence? (2024)

Even if you search online using incognito mode or delete your internet search history, your online history is not private. Not only do internet providers still have access to what you look up but the information can be discovered (or subpoenaed) and submitted as evidence in your criminal case.

Can Your Browser Data Be Subpoenaed?

Yes, your internet and online information (including your search history) can be subpoenaed by the opposing counsel; in some cases, your computer may also be subpoenaed. It may also be obtained as a part of a sting operation, which involves law enforcement officers posing as online users with the intent to get other users to admit to a crime or engage in illegal activity (i.e. soliciting a minor, discussing a potentially fraudulent scheme, etc.).

The prosecution may use your internet search history as evidence in a wide variety of cases. For example, they may establish that you stalked someone who has protective orders against you. Your search history can also establish you had a motive, committed an internet-related offense or sex crime (child p*rnography), or had knowledge of how or the intent to commit a crime (i.e. you looked up local meth dealers near me in Google).

Other Types of Internet (or Online) Evidence that Is Admissible

Your computer and your search history are not the only types of online evidence that can be admitted as evidence. Other types of internet evidence that can be obtained and presented in court include (but are not limited to):

  • Your IP address
  • Downloaded files
  • Social media content (posts, comments, direct messages, etc.)
  • YouTube videos you’ve uploaded
  • Any other digital evidence that is deemed relevant

Can Your Attorney Get Internet Evidence Dismissed?

Any evidence that the prosecution or defense wishes to submit to the court must adhere to certain legal requirements. Your defense attorney can work to have the evidence deemed inadmissible and dismissed. Specifically, they can argue that your search history or other internet-related evidence is:

  • Irrelevant to the case
  • Being taken out of context and is not connected to the charges/case
  • Isfruit of the poisonous tree, which means that the evidence was illegally obtained.

The potential strategy for getting evidence dismissed will depend on your case specifics, and even if they cannot get the evidence dismissed, they can still demonstrate that the evidence is circ*mstantial or being taken out of confidence during the trial.

Can the Police Search My Computer Without a Warrant?

If you (or another owner of a shared device) consent to a search, the police do not need a warrant to access your computer. However, if you have not consented, they will need a warrant to enter your home and search your computer as long as the device is included in the scope of the warrant.

Consult with Our Attorney

At the Law Office of Steven Fine, our attorney has over 20 years of experience. We can help you develop a solid defense strategy (that accounts for evidence the prosecution may submit to the court). We are equipped to help clients with sex and internet crime cases involving:

  • Child p*rnography
  • Sexual assault
  • Sexual abuse
  • Molestation
  • Rape
  • Internet crimes, such as computer tampering, fraud, hacking, etc.

Learn more about our services today by calling (312) 436-0638 or completing this online form.

Can My Search History Be Used as Evidence? (2024)

FAQs

Can My Search History Be Used as Evidence? ›

If you are already charged with a crime, your browser data (including your search history) can be subpoenaed by the prosecution. For instance, your internet history can be used against you to establish a motive for a crime or that you had the knowledge to commit a crime – even if you were browsing in “private” mode.

Is search history enough for a conviction? ›

However, many charges are based on intent, meaning your search results on their own cannot be the sole basis for a conviction. The prosecution must also show that you actually intended to or did commit a crime with the aid of your search results.

Is My search history Traceable? ›

If you're on a public Wi-Fi network and the network administrators use network monitoring tools, they might be able to track your internet activity. However, you can't be tracked if you're using a virtual private network (VPN) service that prevents DNS leaks and does not log your activity.

Can police see deleted search history? ›

Can police recover deleted internet history? Yes, simply by contacting your internet service provider. They are obligated by law to store records of your online activity.

Are Google searches evidence? ›

Browser history must be relevant

For many people, a full analysis of their internet search history would be embarrassing at the very least. Fortunately, like all evidence, evidence about your Google search history must be relevant in order for it to be discoverable or admissible in court.

Can internet browsing history be used in court? ›

If you are already charged with a crime, your browser data (including your search history) can be subpoenaed by the prosecution.

Can my search history incriminate me? ›

Searching information isn't a crime itself. However, searches can raise red flags and certain sites and internet activity are criminal (e.g., possession of child p*rnography).

Can deleted browsing history be tracked? ›

Unfortunately, third parties can access this data, leaving you vulnerable to identity theft and data misuse. Simply deleting your browser history is not enough to safeguard your data.

Is your search history ever really deleted? ›

Does clearing history delete everything? A lot of data is generated as you browse the internet, and clearing your history only deletes the record of addresses you've visited that are stored locally on your device. It doesn't remove your Google search history, or other data stored on remote servers.

How do I make my search history untraceable? ›

How To Hide Browsing History – Complete Guide
  1. Use Private Browsing Mode. ...
  2. Clear Your Browsing History Regularly. ...
  3. Use a Virtual Private Network (VPN) ...
  4. Use Browser Extensions and Plugins. ...
  5. Use Search Engines That Respect Privacy. ...
  6. Opt-Out of Tracking. ...
  7. Use Secure Connections (HTTPS) ...
  8. Manage Cookies.
Aug 29, 2023

How far back can internet history be tracked? ›

In most countries, ISPs can track and store this information for up to two years. The data is used for law enforcement, targeted advertising, and even bandwidth throttling. Your Internet Service Provider (ISP) is the company that controls your access to the internet and often provides you with a router, too.

How do I permanently delete my search history? ›

Go to Google's My Activity page (make sure you're logged into your Google account). Click the Delete button below the “Search your activity” field. Choose the time period you'd like to delete your data. All time will delete all your Google history.

Is it illegal to delete your search history? ›

And most of the time people can do so without expecting the Department of Justice to come knocking. But deleting digital data—including clearing browser history—can result in federal felony obstruction of justice charges under 18 U.S.C.

Is your internet history stored forever? ›

For accounts created before then, Google retains Web & Activity data indefinitely by default; in theory, Google would have your search history from when you first opened your Google account.

Can anyone see my history after I delete it? ›

However, it's important to point out that when you clear, delete, or hide browsing history on-screen, you do not remove your visits to those websites. In other words, even though the next person to use your computer won't be able to see where you've been if you clear your history, the sites you visit still can.

Can anyone see my search history? ›

Can people see my search history? Yes. Your ISPs, search engines, and social media companies may have access to your search history. Additionally, hackers and other malicious actors can use your data to exploit you if they have the right resources.

Does search history show up on a background check? ›

Does a background check include browsing history? No. A person's internet browsing history is personal information and will not feature in any legal or ethical background check.

Does your search history get recorded? ›

Your Search history is saved to your Google Account as part of your Web & App Activity, along with activity from other Google services.

Can the government see browsing history? ›

While the government won't go snooping through your Internet history, emails, or text messages, it can review publicly available information about you. This can include anything you've ever posted to social media, an online forum, or other places on the Internet that can be traced back to you.

Is deleting search history enough? ›

So, clearing your browsing history is not enough to safeguard your data. While clearing your browser history has benefits like better application efficiency, you should invest in useful online tools like McAfee's identity theft protection, which can better protect your data online.

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