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Blog

March 31, 2020

Proving a Person’s Whereabouts

When it comes to civil or criminal disputes, it is sometimes essential to retrospectively prove the precise location of the person involved.

The purpose of this is to prove that the person was never responsible for committing the act, whether it’s sending an email, signing a contract, or engaging in the illegal activities that the person is being accused of.

There are many ways through which a person can prove that he or she was at a certain location at a particular date or time. When it comes to getting location-based evidence, it’s worth noting that time is essential, especially when documenting digital-based evidence.

These pieces of evidence can include the following:

  • Witness Statements

This is when the witness provides an affidavit of evidence that he or she saw the particular person at a specific place and time.

  • Data from a Mobile Device

If the mobile device has certain apps that are capable of recording the location, then the device can be used as evidence.

  • Tower Data of Mobile Phone

Towers could triangulate the location of the mobile device and telecom providers may be able to retain the data. However, a court order must first be secured before you can get access to this data.

  • Billing Statements of Mobile Phone

Billing statements of the mobile phone can reveal the location of the owner at a particular date and time through the calls made, which will show at the statement.

  • Computer Data

Data from laptop or desktop computers can also serve as evidence. The hardware of the computer could reveal if the person was working on the computer at a certain location and at a specific date and time.

  • Timesheets

It’s also possible to prove that a person was working at a certain date of time through the timesheets.

  • Diary Notes, Calendar, or Appointment Records

These pieces of evidence can come in physical or digital form.

  • Parking Tickets, Receipts, Toll Charges, and Transaction Records

These documents can also help to reveal a person’s location at a given time of the day.

  • Automotive Forensics

This can come in the form of a car’s GPS or even a standalone GPS that’s installed in the car, which is capable of keeping track of the vehicle’s whereabouts.

  • CCTV

Footage captured by the CCTV cameras installed on businesses, shops, houses, or any location can be used as proof that a person is in a certain place.

  • Visa or Entry Stamp to Australia, such as VEVO

These travel documents can also be used as evidence that a person was in the country or not.

  • Others

Depending on the circumstances or the nature of the case, other forms of evidence might also be used.

Why is an Alibi Important?

There are certain legal aspects that one could end up into, which is why it’s extremely important to be able to prove an alibi, such as where you or anyone else was at a certain place at a particular time of the day.

An example of this is in a divorce case, where one party is accusing the other of adultery. In this case, it’s necessary to prove that the cheating spouse was indeed at a certain place and time.

Another crucial scenario is that of a criminal case wherein a person is being accused of committing a crime because someone has spotted the person at the scene. When the accused is actually somewhere else.

The usual approach of most lawyers in cases like these is to ask the client if he or she knows anyone who can testify his or her whereabouts. However, if the client cannot find any witness who can testify, some lawyer will immediately end the enquiry.

But if you hire the services of a private investigator from Investigators Australia, we will do our best to gather as much evidence that can prove you are at a certain location. You can have the evidence preserved before you engage with a lawyer.

  1. People Who Are Regularly Present at that Location

You can try visiting the location of that place you’re trying to prove that you were there. Check if there is any person who would regularly visit the area and see if he or she can prove that you have been there.

Think real hard of anyone who seems like they are always going to that place at the same time every single day. This could be a cleaner, security guard, waiter, doorman, receptionist, and others who could be posted at that location when you were there.

  1. CCTV Footage

Request for a copy of the video footage gathered by the CCV cameras that are in the area. See if these cameras may have captured your presence while you were there. Ask the building security if he can provide you with video footage.

You should do this as early as you can because some of these tapes get overwritten regularly. They might ask you to pay a certain fee for asking for the video footage or getting a copy of the recording.

  1. Location History from Google Maps

If you were carrying your mobile phone on that particular day, you can refer to the location history of Google Maps, provided that it was enabled.

Google Maps may be able to provide a recording of your movement on that day with addresses of the places you have been to.

To check this, just log in to Google Maps, click on “your timeline.” You’ll find this on the menu that’s on the left side. Choose the relevant date. If you’ve enabled the location services at that time, then it will show you the places you’ve visited at a particular time of the day.

  1. Electronic Transactions History

Can you recall any transactions you made on that day? Perhaps, you withdrew money from an ATM and you have a receipt that can prove that. Or maybe you purchased something from the store and you have receipts that can back you up.

Think of anything that you have swiped, tapped, and signed on that day as they can serve as hard evidence.

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