Deleted calls/texts and use of mobiles

[jassi]

I afraid it would be the last thing I would want to do, ring up the Grandparents and tell them you've lost their Granddaughter. At least wait until the morning and the search has been going on for sometime.

Yeah, I'd have thought pretty much the same.

[John]

I'm not altogether sure what I would do in similar circumstances.   It comes down to a balance but in those circumstances the balance of ones mind is disturbed thus why people do some strange things.  The wailing on the reception floor and on the bed in the children's bedroom being two classic examples.  Someone in that situation doesn't want their nearest and dearest back home to hear about it first on breakfast news with Eamonn Holmes but then again one doesn't want to alarm the grandparents in case it is a false alarm...a balance is needed but not always possible.

[Mr Gray]

Yeah, I'd have thought pretty much the same.

AS John has said....it would have been on breakfast news...not a good way for garndparents to find out

[Carana]

It is definitely the kind of thing one does in an idle moment, not in the grip of panic.

Anyway, I stand by my statement that phones could hold at least a hundred messages back in the day.

My phone back then most definitely didn't - it wasn't a new model by any means, but it carried on working.

[ferryman]

I rest my case.

Some cases are best rested ...

[a.baker]

This probably won't help one iota,but back in 2007 before the release of the original iphone,the most popular models of mobile phones were the LG and the Motorola Razor series.

[Carana]

Just out of interest, do you know what model it was?

http://www.gsmarena.com/ericsson_t39-252.php

I didn't get it until around 2004-2005 (it was cheap by then). It still works, amazingly enough.

[Mr Gray]

http://www.gsmarena.com/ericsson_t39-252.php

I didn't get it until around 2004-2005 (it was cheap by then). It still works, amazingly enough.

I think gerry was just killing time..hoping to get some news re Maddie

[Gadfly2.1]

Wonder what the implications of this development may well be...

--
PORTUGAL RESIDENT ARTICLE, MAY 21, 2015
Text messages and calls “can now be submitted in court as evidence”

In a historic ruling, Évora’s court of appeal has clarified that text messages (even if they are not read) and mobile phone records can now be used in criminal cases and do not require any authorisation by a judge.

But emails - which can be accessed by mobile phones - can only be used if the person to whom they have been addressed has read them.

The decision was announced in today’s Diário de Notícias which claimed the law up until now has been “unclear in this context”.

Indeed it could have changed endless police investigations in the past - not least the original Madeleine McCann inquiry.

As TVI24 reveals, in 2007 Portimão Judge Pedro Frias “refused the PJ the right to look at text messages on Kate McCann’s mobile phone”, justifying his decision on the basis that “telephonic interceptions could not be authorised after the event”, and that he “could not authorise the consultation of written messages sent and received before receiving a request” to this effect.

Indeed TVI has run an exposé on the “controversial judge” (see our story elsewhere), adding that in 2007 “there were many voices” speaking out against this decision.

Now, as a result of the appeal court’s decision, the PJ would have had a great deal more investigative freedom.

Évora’s judges were asked to rule on the law following a case of theft in Serpa where the suspect had “inadvertently” left his mobile phone at the scene of the crime.

To find out who he was, police had gone through the man’s text messages and phone records.

The Public Ministry had argued that this was the kind of action that only a judge could authorise, but the panel defended that, “in essence”, a message kept in digital support “had the same protection as a written letter received in the post that had been opened and then filed in a personal file”.

Referring specifically to the case in Serpa, which DN stressed “should now apply to other cases”, the use of this kind of material should not require “previous intervention by a judge” to be authorised as proof.
--
END.

[Alfred R Jones]

Wonder what the implications of this development may well be...

--
PORTUGAL RESIDENT ARTICLE, MAY 21, 2015
Text messages and calls “can now be submitted in court as evidence”

In a historic ruling, Évora’s court of appeal has clarified that text messages (even if they are not read) and mobile phone records can now be used in criminal cases and do not require any authorisation by a judge.

But emails - which can be accessed by mobile phones - can only be used if the person to whom they have been addressed has read them.

The decision was announced in today’s Diário de Notícias which claimed the law up until now has been “unclear in this context”.

Indeed it could have changed endless police investigations in the past - not least the original Madeleine McCann inquiry.

As TVI24 reveals, in 2007 Portimão Judge Pedro Frias “refused the PJ the right to look at text messages on Kate McCann’s mobile phone”, justifying his decision on the basis that “telephonic interceptions could not be authorised after the event”, and that he “could not authorise the consultation of written messages sent and received before receiving a request” to this effect.

Indeed TVI has run an exposé on the “controversial judge” (see our story elsewhere), adding that in 2007 “there were many voices” speaking out against this decision.

Now, as a result of the appeal court’s decision, the PJ would have had a great deal more investigative freedom.

Évora’s judges were asked to rule on the law following a case of theft in Serpa where the suspect had “inadvertently” left his mobile phone at the scene of the crime.

To find out who he was, police had gone through the man’s text messages and phone records.

The Public Ministry had argued that this was the kind of action that only a judge could authorise, but the panel defended that, “in essence”, a message kept in digital support “had the same protection as a written letter received in the post that had been opened and then filed in a personal file”.

Referring specifically to the case in Serpa, which DN stressed “should now apply to other cases”, the use of this kind of material should not require “previous intervention by a judge” to be authorised as proof.
--
END.

None whatsoever I confidently predict.

[Gadfly2.1]

V. good development for the Policia Judiciaria, I predict.  It's one thing knowing what happened in a case, it's another proving it.  And that balance between civil liberties on the one hand, and justice on the other, is often skewed in favour of a guilty party.

[mercury]

I'm not altogether sure what I would do in similar circumstances.   It comes down to a balance but in those circumstances the balance of ones mind is disturbed thus why people do some strange things.  The wailing on the reception floor and on the bed in the children's bedroom being two classic examples.  Someone in that situation doesn't want their nearest and dearest back home to hear about it first on breakfast news with Eamonn Holmes but then again one doesn't want to alarm the grandparents in case it is a false alarm...a balance is needed but not always possible.

They rang all their relatives and some friends before midnight and before the PJ got there and said Madeleine was abducted when she may have been nearby

[Alfred R Jones]

V. good development for the Policia Judiciaria, I predict.  It's one thing knowing what happened in a case, it's another proving it.  And that balance between civil liberties on the one hand, and justice on the other, is often skewed in favour of a guilty party.

You do know that the PJ were able to gain access to the contents of the deleted messages and deemed the contents to be of little relevance to the case, right?

[Brietta]

You do know that the PJ were able to gain access to the contents of the deleted messages and deemed the contents to be of little relevance to the case, right?

I have to admit to a level of incredulity that despite the current developments in the Madeleine McCann investigation there are still people who view life through the prism that 'all roads lead to the McCanns'.

[slartibartfast]

You do know that the PJ were able to gain access to the contents of the deleted messages and deemed the contents to be of little relevance to the case, right?

Cite