Webinar: I Wasn’t There: Blocking the Admissibility and Limiting the Weight of Historical Cell Site “Expert” Testimony
Historical Cell Site Information cannot tell you where a client was at the time a crime was committed. Historical Cell Site Information is maintained by Cell Phone Companies for use in determining whether they have adequate cell phone “towers” to handle the potential usage by subscribers in a particular area. It was never designed to track or pinpoint a location from which a particular call was made. However, prosecutors are using Historical Cell Site information to create maps with the purpose of claiming a Defendant was located within a relatively close area to the crime scene or to refute an alibi. A Cell phone’s particular location can be tracked and pinpointed, but not through the use of Historical Cell Site data. We will discuss strategies for challenging the admissibility, the scope, and the weight of the prosecution’s proffered testimony regarding Historical cell site data. Attendees will learn the importance of challenging the proffered testimony under either Frye or Daubert. We will also discuss how cell phones “connect” to towers, which will be helpful in limit the weight given the Prosecution’s expert when she tries to claim the Defendant was in a general area at the time of the alleged crime.
