Philadelphia Criminal Defense Blog
Pennsylvania Superior Court Upholds Admission of Google Maps Timeline Data Without Requiring Expert Testimony
Criminal Defense Lawyer Zak T. Goldstein, Esquire
The Pennsylvania Superior Court has decided the case of Commonwealth v. Jones, holding that the Commonwealth need not call an expert witness to introduce Google Maps timeline data recovered from a defendant’s cell phone. The Court held that no expert is required so long as the testifying witness does not offer their own technical opinion and instead simply replays what the app automatically displays. This decision makes it easier for either side to introduce cell phone location data obtained from various Google apps and records.
The Facts of Jones
At around 2:00 a.m. on June 18, 2024, a masked man robbed a Turkey Hill convenience store in Lancaster County. The store clerk later identified the defendant based on his eyes, dreadlocks, and voice after seeing his Facebook profile. The police obtained a search warrant. After obtaining the warrant, the police seized the defendant’s cell phone and tablet. Both devices were synchronized with and linked to his Google account.
A detective accessed the defendant’s Google Maps “Your Timeline” feature, which automatically logs a user’s past movements when enabled. The Timeline showed:
The defendant leaving home at 1:35 a.m.,
The defendant arriving at a hotel directly next to the Turkey Hill at 1:47 a.m.,
The defendant remaining there until 2:01 a.m., which was the time of the robbery, and
The defendant then traveling to a nearby Sheetz convenience store, where surveillance video confirmed the defendant’s presence.
At trial, the Commonwealth introduced screenshots of the defendant’s Google Maps data through the detective’s testimony. The defendant objected, arguing that an expert witness from Google or a digital forensics specialist was required to explain how the timeline information was generated. The trial court denied the motion, and the jury convicted the defendant of robbery, theft, and simple assault. He received a lengthy state prison sentence.
The Issue on Appeal in the Pennsylvania Superior Court
The defendant argued on appeal that the Google Maps Timeline contained inaccuracies, including suspicious travel distances and impossible driving times, and that only an expert could explain those discrepancies. Therefore, he claimed, allowing the detective to testify as a layperson about the data violated Pennsylvania Rules of Evidence 701 and 702.
The Superior Court’s Holding
The Superior Court affirmed the judgment of sentence, concluding:
Google Maps Timeline data may be introduced through a lay witness when the witness is simply describing the information displayed on the app and is not explaining any underlying technical processes.
The Court emphasized several key points:
1. The detective did not provide technical or scientific testimony. He accessed Google Maps the same way an ordinary user would. He opened the app and clicked “Your Timeline.” He did not testify about how Google calculates GPS coordinates or how the software functions internally.
2. The data was automatically generated by Google, not manually interpreted by police. Because the app itself creates and stores the Timeline, the officer was merely relaying what he saw on the screen, much like reading business records or phone-company logs.
3. Any inaccuracies went to the weight of the evidence, not admissibility. The defendant pointed to anomalies such as a twelve-minute trip to travel 0.2 miles, but the Court held these issues were for the jury to consider, not grounds for exclusion. The detective freely acknowledged the inconsistencies on cross-examination.
4. Lay testimony is proper when interpreting data within common understanding. The Court compared the case to Commonwealth v. Grubbs, where a detective testified to cell-site location data without expert qualification because he merely relayed coordinates already calculated by service providers. In contrast, cases where expert testimony was required, such as interpreting technical IP address data, were distinguishable because they involved complex digital processes. In reality, it is not so clear what the difference is.
This opinion signals that Pennsylvania courts will generally treat Google Maps data as non-technical user data, similar to ordinary phone records, so long as:
The witness does not attempt to explain how the data is generated,
The witness only describes the app’s output, and
The prosecution can authenticate the device and account.
It also underscores that defendants may need their own expert if they wish to challenge the reliability of such location data.
The Takeaway
The Superior Court held that Google Maps GPS Timeline screenshots are admissible through lay testimony, and any questions about their accuracy go to the weight of the evidence, not whether the jury may consider them.
This ruling will likely make it easier for prosecutors to introduce Google-based location evidence in robbery, homicide, and gun cases without needing specialized experts, while placing the burden on the defense to identify and challenge inaccuracies through independent expert analysis when appropriate. It does, however, also make it easier for the defense to introduce this evidence should the evidence be helpful to the defendant. In general, this case follows a trend of courts making it easier for the Commonwealth to introduce electronic evidence without requiring much in the way of safeguards.
Facing criminal charges or appealing a criminal case? We can help.
Goldstein Mehta LLC Criminal Lawyers
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won criminal appeals and PCRAs in state and federal court. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
PA Superior Court Holds Physician-Patient Privilege Does Not Apply to Juvenile Delinquency Proceedings
Criminal Defense Lawyer Zak T. Goldstein, Esquire
Introduction
In a recent decision, In the Interest of J.E., 2025 PA Super 245, the Pennsylvania Superior Court addressed a novel issue of statutory interpretation: whether juvenile delinquency proceedings constitute “civil matters” for the purposes of the physician-patient privilege under 42 Pa.C.S.A. § 5929. The Court ultimately ruled that while juvenile proceedings are not criminal in nature, they are also not "civil matters" as contemplated by the statute, meaning the privilege does not act as a bar to the admission of medical records in delinquency hearings. Under the statute, the physician-patient privilege only applies to civil matters, so it does not apply in juvenile criminal cases.
Facts of the Case
The case arose from an incident that took place in November 2023, where J.E., a minor, was taken to Lankenau Hospital by his family for a gunshot wound to his left hand. During his treatment, J.E. made statements to both an emergency room physician and a surgeon indicating that he had accidentally shot himself with his own gun. These statements were recorded in his medical records.
J.E. was subsequently charged with possession of a firearm by a minor and possession of a firearm prohibited. Prior to his adjudicatory hearing, the defense filed a motion in limine to exclude the medical records, arguing that the statements in the records were protected by the physician-patient privilege. The defense contended that because Pennsylvania law has long held that juvenile proceedings are "civil inquiries" rather than criminal trials, the statutory privilege applicable to "civil matters" should apply. The trial court denied the motion, the records were promptly admitted, and J.E. was adjudicated delinquent. The defendant appealed to the Pennsylvania Superior Court.
The Ruling on Appeal
The Superior Court affirmed the trial court’s decision, relying on a strict statutory interpretation of 42 Pa.C.S.A. § 5929. The statute states that physicians shall not be allowed to disclose information in "any civil matter."
The Court rejected the defendant’s argument, reasoning that:
Distinct Legal System: The Juvenile Act created a unique, separate legal system that is neither wholly civil nor wholly criminal. Although the system aims for rehabilitation rather than punishment, it is a distinct statutory framework designed to hold children accountable. It does not result in a civil case.
Statutory Language: The legislature did not explicitly include juvenile proceedings in the text of § 5929. Furthermore, the Juvenile Act itself distinguishes between "civil matters" and juvenile proceedings, suggesting they are not synonymous.
Precedent: The Court noted that previous caselaw distinguishing juvenile proceedings from criminal ones did not automatically categorize them as "civil matters" for all purposes. The Court cited In re J.B. to show that the judiciary views criminal, civil, and juvenile proceedings as three distinct categories.
Key Takeaway
This decision clarifies that the physician-patient privilege in Pennsylvania is limited strictly to "civil matters" as traditionally defined (e.g., lawsuits for damages or equitable relief). It does not extend to the unique quasi-civil nature of juvenile delinquency court. Accordingly, incriminating statements made by minors to medical personnel for the purpose of treatment may be admissible in subsequent delinquency hearings.
Facing criminal charges or appealing a criminal case in Pennsylvania? We can help.
Goldstein Mehta LLC Criminal Defense Lawyers
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won criminal appeals and PCRAs in state and federal court, including the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
Pennsylvania Supreme Court Rejects Public Record Presumption and Orders Hearing on Juror Bias Claim in Commonwealth v. Blakeney
Criminal Defense Laweyr Zak T. Goldstein, Esquire
The Pennsylvania Supreme Court has issued an important decision in Commonwealth v. Blakeney, vacating the dismissal of a third Post-Conviction Relief Act (“PCRA”) petition and remanding the case for further proceedings. The Court held that the PCRA court improperly relied on the discredited “public records presumption” and applied an unreasonably high diligence standard when it dismissed the petitioner’s serial petition as untimely. The decision continues the Supreme Court’s recent trend of reinforcing the fact that petitioners must be given a fair opportunity to prove newly discovered facts under the PCRA.
The Facts of the Case
The defendant was convicted of first-degree murder and related offenses for the 2000 killing of his girlfriend’s two-year-old child in Dauphin County. During jury selection, one juror, identified as Juror #7, initially marked “yes” on her juror questionnaire in response to the question of whether she or a close family member had been charged with a crime, then crossed out “yes” and marked “no.” More than twenty years later, new post-conviction counsel investigating potential juror bias discovered an obituary listing Juror #7’s family members. Counsel determined that the juror’s nephew had been charged with attempted murder and related offenses involving his own infant child. The juror’s nephew’s own preliminary hearing occurred on the very day that the juror was being questioned during voir dire in the defendant’s trial.
The defendant, whose prior appeals and PCRAs has been denied, filed a third PCRA petition arguing that this information constituted newly discovered facts that could not have been found earlier through reasonable diligence. He contended that Juror #7 provided a misleading answer during voir dire and that he was therefore denied his constitutional right to a fair and impartial jury.
The PCRA Court’s Ruling
The PCRA court issued a notice of intent to dismiss under Rule 907 of the Rules of Criminal Procedure and ultimately denied the petition without a hearing. The PCRA court held that the claim was untimely because the nephew’s criminal case had been reported in a 2002 newspaper article, meaning that the information was publicly available and could have been discovered earlier. The court concluded that the defendant had not exercised due diligence and that his claim therefore failed to satisfy the PCRA’s timeliness exception for newly discovered facts under 42 Pa.C.S. § 9545(b)(1)(ii).
The Supreme Court’s Decision
The defendant appealed, and because he had received the death penalty at sentencing, the appeal went directly to the state Supreme Court. The Pennsylvania Supreme Court vacated the dismissal and remanded the case for an evidentiary hearing. The Court emphasized that the PCRA court erred by invoking the “public record presumption,” a doctrine that previously held defendants responsible for facts contained in public sources such as newspapers or court filings. The Supreme Court has repeatedly disapproved of that presumption in recent years, explaining that it is inconsistent with the plain language of the PCRA. The PCRA requires only reasonable diligence, not omniscience. It also recognizes that many petitioners are in custody and do not have normal access to public records.
In the defendant’s case, the Court found that the 2002 newspaper article did not specifically identify Juror #7 or establish any connection between her and her nephew’s case. The article merely reported the nephew’s charges and provided no reason for defense counsel in 2002 to link that case to a juror from the defendant’s trial. Accordingly, the Court concluded that the lower court erred in holding the information was discoverable simply because it existed in the public domain. The proper inquiry, the Supreme Court reiterated, is whether the petitioner could have discovered the fact earlier through reasonable diligence, not just whether the fact appeared somewhere in public records.
Because the defendant’s petition presented specific, potentially verifiable claims about juror bias and newly discovered evidence, the Supreme Court ordered a remand for further factual development. The PCRA court must now conduct a hearing to determine whether the information indeed qualifies as newly discovered and whether it entitles the defendant to relief.
The Takeaway
Commonwealth v. Blakeney reaffirms that Pennsylvania courts may not deny PCRA petitions by assuming defendants should have discovered facts merely because they were once published or theoretically accessible. The Supreme Court continues to reject the public record presumption and to clarify that reasonable diligence is a practical, case-specific standard. Petitioners are not required to scour every public source in existence, and when a claim of newly discovered evidence is plausible, a hearing is often necessary before dismissal.
Facing criminal charges or under investigation?
Goldstein Mehta LLC Criminal Defense Lawyers in Philadelphia, PA
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
PA Supreme Court: Time Spent in Custody on Probation Detainer Should Apply to New Case Even if Bail Paid
Criminal Defense Lawyer Zak T. Goldstein, Esquire
The Pennsylvania Supreme Court has decided the case of Commonwealth v. Phillips, holding that the defendant should have received credit for time served on a new case where he was held in custody only on a probation detainer on a prior case because he had paid bail on the new case. Therefore, he would have been released but for the detainer. Generally, defendants are only entitled to time credit on the cases that are actually holding them in custody, so under prior statutory interpretations, he would not have been entitled to time credit on the new case because that case was not holding him in custody once he paid bail. The time credit statute, however, deals with conduct rather than cases, and the conduct that led to the new case also triggered the probation detainer. Therefore, the Supreme Court found that he was entitled to time credit on the new case even though he had posted bail.
The Facts of Phillips
The defendant was serving a probationary sentence from a 2015 case involving DUI and resisting arrest when he was arrested in 2018 for aggravated assault. Although his mother posted his bail for the 2018 case, he remained incarcerated because a probation detainer was lodged against him in connection with the earlier case. He was still on probation at the time of his arrest for the assault, leading to the detainer.
The defendant ultimately pleaded guilty to aggravated assault in the 2018 case and received a sentence of 27 to 72 months’ incarceration in state prison. At the same time, the sentencing court revoked his probation in the 2015 DUI case and imposed a consecutive two-year probationary sentence, meaning that he did not need any time credit from the time spent in prison to go to that case because he received a non-incarceration sentence. Nonetheless, because he had posted bail on the case, the trial court did not award him credit for the nearly eight months he spent incarcerated on the probation detainer between May 2018 and January 2019 before his sentencing on the assault.
The defendant ultimately sought relief under the Post Conviction Relief Act (PCRA), arguing that under 42 Pa.C.S. § 9760(1), he was entitled to credit for all of that time spent in custody. The PCRA court gave him partial credit of 237 days, but it refused to credit the time he spent incarcerated solely on the probation detainer. The Superior Court affirmed on appeal, reasoning that because he was held only on the detainer during that period, the credit could not be applied to the assault case. The defendant sought review in the Pennsylvania Supreme Court, and the Supreme Court agreed to review the case.
The Supreme Court’s Ruling
The Pennsylvania Supreme Court reversed. Justice Mundy, writing for a unanimous Court, explained that Section 9760(1) requires credit for “all time spent in custody as a result of the criminal charge for which a prison sentence is imposed or as a result of the conduct on which such a charge is based.”
The Court found that the defendant’s detention on the probation detainer was directly triggered by the same conduct, the assault, that led to the aggravated assault conviction. Because the detainer would not have been lodged but for the new charges, the time he spent incarcerated from May 2018 to January 2019 was “a result of the conduct” underlying the assault.
The Court rejected the Commonwealth’s argument that credit should not apply because the detainer related to his earlier resisting arrest conviction. It emphasized that the statute does not require the conduct to be the sole cause of confinement. Reading the statute narrowly, as the Commonwealth urged, would improperly insert limitations not found in the statutory text.
Accordingly, the Court held that the defendant was entitled to have all of his pre-sentence confinement credited toward his 2018 assault sentence. Although it appeared he had already completed that sentence, the Court remanded for a determination of whether relief could still be awarded.
The Takeaway
This decision clarifies that defendants are entitled to credit for all pre-sentence confinement when that custody results from the same conduct that led to the new charges, even if they were technically held on a probation detainer rather than bail. The ruling ensures that defendants are not punished twice by losing credit simply because a probation violation and new charges arise from the same incident. In general, it is best to avoid situations like this by not posting bail when a probation detainer is in place, but now this is one less trap for defense attorneys to have to worry about.
Facing Criminal Charges or Appealing a Criminal Case?
Goldstein Mehta LLC Criminal Defense Lawyers
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelph1ia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorn2ey today.