July 16, 2007

When the Trill of a Cellphone Brings the Clang of Prison Doors

csiphone.jpeg The New York Times on cell phones used as evidence in court.

"Examining cellphone data is a technique that has moved from being a masterful surprise in trials to being a standard tool in the investigative arsenal of the police and prosecutors, with records routinely provided by cellphone companies in response to subpoenas.

Its use in prosecutions is often challenged, for privacy reasons and for technical reasons, especially when the data comes during the morning or evening rush, when circuits are crowded and calls can be redirected to other towers. But it is often allowed and is used by both prosecutors and defense attorneys to buttress their cases.

“It’s one of the most important developments in technology in the courtroom in the last five years,” said Mark J. Geragos, a Los Angeles defense lawyer.

Daniel Castleman, chief of investigations for the Manhattan district attorney, Robert M. Morgenthau, described tower data as “circumstantial but convincing.”

Defense lawyers have also begun using cellphone, or cell site, records to establish alibis".

Related: - Links to articles where cellphones are used as evidence in court