Legal Question in Criminal Law in Wisconsin

All digital evidence available proving commission of any crime is fair game for law enforcement, cell phone photos included (even if sent �in anger�), provided that the digital evidence was lawfully obtained or generally available to the general public (which is true for certain telephonic data). If your real question is whether or not the fact that the evidence is two months old necessarily makes it too old under the law for purposes of obtaining a search warrant, the answer is probably "no," unless the totality of other circumstances tend to prove that the evidence was stale when used to get the warrant. Typically, the police would try to obtain additional corroborating evidence, which would tend to verify the accuracy of the cell phone photos and their timeliness, so it may also well true be that they had additional evidence by the time that they finally executed the search warrant. However, you should certainly make sure that you have an experienced criminal lawyer representing you and discuss this with him or her; a challenge in court attempting to strike down the search warrant or suppress with evidence might very well be worth bringing. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are; however, always welcome to contact my office in Racine to discuss any additional questions which you may have.