In the digital era, location data has become a critical component in solving criminal cases. Google Timeline, a feature that records the location history of Google account users, provides investigators with powerful insights into the movements of suspects, witnesses, and victims. It can confirm alibis, pinpoint suspects at crime scenes, and track a suspect’s movements over time. However, as location-based technologies continue to evolve, so too do concerns about privacy, data security, and the scope of surveillance.

At Black Dog Forensics, we specialize in helping leverage location history data from Google Timeline and other digital evidence to support or challenge claims in criminal and civil cases. As Google continues to evolve its privacy policies and storage methods, it’s important to understand the implications of these changes on criminal investigations and privacy rights.

 

What is Google Timeline and How Does It Work?

Google Timeline is a feature within Google Maps that records the movement of a device with a Google account. By using GPS, Wi-Fi signals, Bluetooth, and cell tower data, Google records the device’s locations over time, creating a detailed history of the user’s movements, including where they’ve been, how long they stayed, and the routes they took.  Just think about that for second… this means where you go buy groceries, where you eat at, whose house you visit, EVERYWHERE you go!

For years, Google Timeline has been a critical tool for law enforcement, providing investigators with accurate, real-time location data. Geofence warrants allowed law enforcement to request location data from Google, without even knowing who they were targeting by pulling information on all devices in a specific geographic area during a specific time period. This broad access to location data allowed law enforcement to track suspects, and identify witnesses who happened to be in the vicinity of a crime scene.

However, the use of geofence warrants has raised significant privacy concerns. These warrants don’t target specific individuals; instead, they capture location data from anyone who happened to be in a designated area at the time of the crime. This means that innocent people can have their location data accessed without any suspicion of wrongdoing, leading to concerns over mass surveillance and privacy violations.

 

Google’s Shift to On-Device Storage: Strengthening Privacy but Complicating Investigations

In response to mounting concerns about privacy and data security, Google announced significant changes to how it handles location data. As of 2024, Google is shifting from cloud-based storage to on-device storage, meaning that location history will no longer be stored on Google servers. Instead, this data will be stored locally on users’ devices, with end-to-end encryption to ensure that no unauthorized parties can access it.  However, the user can still backup a timeline. 

 

 

This move represents a major shift in how location data is handled and has significant implications for law enforcement access to this information. While this change improves privacy protections for users, it also means that geofence warrants can no longer provide easy access to location history data.

Because the location data is stored directly on a device or with a user, law enforcement will need physical access to the device in order to retrieve location history, either through user consent or by seizing the device. This process ensures that the user has more control over their data, but it also complicates investigations by making it harder for investigators to quickly obtain location data.  This can also impact criminal defense because Law Enforcement can no longer cast a broad net to determine who all is a given area – i.e. potential other suspects.

 

The Impact of On-Device Storage on Law Enforcement

Before the change, law enforcement could issue a geofence warrant and gain access to a vast pool of data from all devices in a specific area during a specific time period. This made location data incredibly useful in tracking down suspects, corroborating witnesses' testimony, or even exonerating the innocent. However, with on-device storage, Google has ensured that data is not as easily accessible by simply requesting it from its servers.

 

The New Challenges for Investigators

The shift to on-device storage introduces a series of challenges for law enforcement and investigators:

  1. Physical Access Required: To access location data, law enforcement must now physically possess the device, either through the user’s cooperation or by seizing the device. In cases where the device is locked, investigators must work to bypass security features, which can delay investigations.
  2. Data Retention Period: Google’s location data is not recorded by default, but now requires the user to opt into recording the location.  Additionally, the data is now retained for up to three months on users’ devices by default unless changed by the user.   After this period, location data is either deleted or backed up to the cloud if the user opts for that. Investigators must act quickly to retrieve this data, as waiting too long could result in the data being permanently erased. This makes timely action essential in time-sensitive investigations.
  3. Encryption and Privacy Protections: Google’s end-to-end encryption ensures that only the device owner or an authorized user can access the location data stored on the device. While this provides better privacy protection, it also means that law enforcement cannot simply request the data from Google’s servers; they must instead gain access to the device directly.
  4. Increased Complexity for Geofence Warrants: Geofence warrants, which once allowed law enforcement to easily track large groups of people in an area, now require investigators to have specific suspects or devices in mind. Broad geofence warrants will no longer yield a comprehensive set of data on every device in the area. This means that investigators may need to follow a more targeted approach, narrowing their focus on specific devices or individuals.  Of course,Law Enforcement can still use Tower Dump warrants to aid in investigations, but this is a much more in depth process that requires thousands of records to be combed through.

 

Google’s Role in Balancing Privacy and Investigation Needs

As the role of location data in criminal investigations becomes more crucial, Google has taken proactive steps to balance privacy with law enforcement needs. While the shift to on-device storage ensures greater user privacy, it also means that law enforcement must now work harder to obtain critical location-based evidence. This move reflects Google’s commitment to protecting user privacy, while still allowing investigators to use location data as part of a criminal investigation when legally justified.

At Black Dog Forensics, we understand that location data can be critical in criminal investigations. Whether it’s verifying a suspect’s alibi, identifying potential witnesses, or connecting a suspect to a crime scene, Google Timeline data is a powerful tool. However, as privacy concerns continue to grow, it’s important that investigators respect the legal processes for accessing this data and ensure it is done in a way that protects the rights of individuals.

Black Dog Forensics excels at reviewing legal processes to ensure that the data was requested according to best practices as well as ensuring that your client’s rights were protected. 

 

How We Can Help Navigate the Evolving Landscape

At Black Dog Forensics, we assist law enforcement, legal teams, and criminal defense in obtaining and analyzing Google Timeline data and other forms of location-based evidence. Here’s how we help:

  • Forensic Data Extraction: We specialize in forensically extracting data from mobile devices to retrieve Google Timeline and other location-based information, ensuring its integrity and compliance with digital forensic and legal standards.
  • Expert Analysis: Our team analyzes the location data to establish patterns of movement, identify key locations, and support or challenge claims made by suspects and witnesses.
  • Privacy and Legal Compliance: We ensure that privacy rights are respected during the investigation and that all data is handled in accordance with legal requirements and privacy regulations.
  • Timely Data Retrieval: Given that location data is only stored for up to three months, we work quickly to extract the relevant data before it is deleted or overwritten, ensuring that investigators don’t miss critical evidence.

 

A New Era of Location Data in Criminal Investigations

As Google continues to enhance privacy protections, it is important to remember that location data remains one of the most powerful tools available to investigators. The shift to on-device storage and end-to-end encryption provides greater control for users over their data but introduces new challenges for law enforcement. At Black Dog Forensics, we help navigate these complexities, ensuring that investigators can access and use location history data effectively and legally.

If you're involved in a criminal investigation that involves Google Timeline or other forms of location data, contact Black Dog Forensics to ensure that the evidence is properly handled and analyzed, and that privacy rights are respected throughout the process.