Fitness trackers being used as evidence

Published: Mar. 2, 2016 at 5:20 PM EST
Email This Link
Share on Pinterest
Share on LinkedIn

If you walk into National Fitness Center you'll most likely see a fitness tracking device. Jawbone, fitbit, Garmin are just a few.

"It tracked my calories burned, tracked my steps and tracked my sleep, " said Brandon Rea, he and his wife just joined the fitness trend with fitbits.

"I like the ability to track how far you've been going when you work out how far you go," he said.

Now fitbits can help you win a court case, or lose one depending on which side you're on.

A woman in Florida was charged with making a false rape report after her fitbit showed she was up and walking around when she claimed her tracker was lost during the attack.

Civil cases have used cell phone data.

"A lot of times in a car accident case discovery is going to include cell phone data. Which we are looking at weather the cell phone was in use during the accident."

Personal injury lawyer Andrew Roberto has been practicing law for more than a decade, while he hasn't used fitbit data in a case, he says it's not out of the question.

"As technology advances and you see things like fitbits, as they become more used out in the general public it's conceivable they will become discoverable in a civil case," he said.

A court can request your fitbit information.

"The court is always looking for the least expensive least burdensome way of gaining that information," he said.

But there's lots of evidence that goes into a court case, and there's a lot of ways to track someone such as their cell phone.