DIGITAL FORENSICS FOR THE DEFENSE

This article will dive into using Digital Forensics for the defense and appeals cases, specifically call detail records, cell tower mapping and cell phone forensics.

In today’s world, almost everyone carries a cell phone with them. These cell phones are not just communication devices, but also a rich source of information for investigators in criminal cases. Call detail records, cell tower mapping and cell phone forensics have become increasingly important in criminal defense cases. In this article, we will explore how these techniques can be used to help defendants in criminal cases and with appeals cases.

Call Detail Records:

Call detail records (CDRs) are detailed records of all the calls made or received by a particular cell phone number. These records include information such as the time and date of the call, the duration of the call, and the location of the cell phone at the time of the call. CDRs can be obtained from cell phone service providers through a court order or subpoena.

CDRs can be used by the defense in a criminal case to establish an alibi for the defendant. For example, if a defendant is accused of committing a crime at a certain time and place, CDRs can be used to show that the defendant was actually on a call with someone else at a different location at the time of the crime. This information can be used to raise reasonable doubt about the defendant’s guilt.

One example of a case where CDRs were used to exonerate a defendant is the case of Adnan Syed, who was convicted of murder in 2000. In 2014, the “Serial” podcast investigated the case and found evidence that suggested Syed may have been wrongly convicted. The podcast obtained CDRs that showed that Syed’s cell phone was not in the vicinity of the crime scene at the time of the murder, which contradicted the prosecution’s theory. The CDRs were used to get Syed a new trial, which is still ongoing.

Cell Tower Mapping:

Cell tower mapping involves creating a map of the cell towers that a particular cell phone has connected to over a period of time. This can be used to determine the approximate location of the phone at a particular time. Cell tower mapping can be obtained from cell phone service providers through a court order or subpoena.

Cell tower mapping can be used in a criminal defense case to show that the defendant was not in the vicinity of the crime scene at the time of the crime. For example, if the prosecution claims that the defendant was present at the crime scene because their cell phone connected to a tower in that area, cell tower mapping can be used to show that the defendant’s phone connected to a tower in a different location at that time.

A notable case where cell tower mapping was used in a criminal defense case is the case of United States v. Davis. In that case, the defendant was charged with several armed robberies in the Houston area. The prosecution’s case relied heavily on cell tower data that they claimed showed the defendant’s cell phone was in the vicinity of the crime scenes at the time of the robberies.

However, the defense team hired an expert who conducted a detailed analysis of the cell tower data and found that it was unreliable and could not be used to definitively place the defendant at the crime scenes. The defense expert identified several technical flaws in the way the cell tower data was collected and analyzed, including errors in the calibration of the cell towers and the use of incomplete and inaccurate data.

Based on the defense expert’s analysis, the court found that the cell tower data was not reliable enough to be used as evidence, and the charges against the defendant were dropped. The case highlighted the importance of careful analysis of cell tower data in criminal cases.

Cell Tower Location Radius:

The radius for cell tower maps in criminal cases can vary widely depending on a number of factors. The coverage area of a cell tower can be affected by many factors, including the tower’s height, the terrain, and the presence of obstructions such as buildings or trees, network traffic and even maintenance. In general, the radius of a cell tower’s coverage area can range from a few hundred meters in densely populated urban areas to several kilometers in rural areas.

However, it’s important to note that cell tower mapping should not be relied upon as an exact science for determining a person’s location at a specific point in time. Cell tower data can be affected by a number of factors that can make it imprecise or unreliable, such as the number of active users on a tower, the strength of the signal, and the quality of the data itself.

As a result, it’s important for defense attorneys to carefully analyze the cell tower data and to consider other types of evidence that can help to establish a client’s location at a specific time. By taking a multi-faceted approach to analyzing the evidence, defense attorneys can help to ensure that their clients receive a fair and just trial.

Cell Phone Forensics:

Cell phone forensics involves analyzing the data stored on a cell phone to gather evidence in a criminal case. This can include data such as call logs, text messages, emails, and internet history. Cell phone forensics can also recover deleted data and identify the owner of a particular phone.

Cell phone forensics can be used in a criminal defense case to show that the defendant did not commit the crime they are accused of. For example, if the prosecution claims that the defendant sent a threatening text message to the victim, cell phone forensics can be used to show that the text message was actually sent by someone else. This can be done by examining the digital fingerprints left by the user of the phone, such as the unique device identifier or the IP address used to access the internet.

One notable case where cell phone forensics played a key role is the case of Casey Anthony, who was accused of murdering her daughter in 2008. Cell phone forensics showed that the prosecution’s theory of how and when the murder took place was unlikely, which helped raise reasonable doubt about Anthony’s guilt. Anthony was eventually acquitted of the murder charges, although the case remains controversial.

it’s important for defense attorneys to carefully analyze cell phone data and cell tower mapping during the initial trial. If defense attorneys fail to adequately investigate the cell tower data and fail to present a strong defense based on that data, it could be grounds for an appeal later on. In some cases, ineffective assistance of counsel claims has been brought on appeal due to defense attorneys failing to properly analyze cell tower data and other types of digital evidence.

Therefore, defense attorneys should be proactive in investigating cell phone data and hiring experts if necessary to help analyze the data. They should also be aware of the legal precedents and case law that govern the use of cell tower data in criminal cases. By thoroughly investigating and presenting a strong defense based on cell tower data, defense attorneys can help to ensure that their clients receive a fair and just trial.

In conclusion, call detail records, cell phone forensics, and cell tower mapping can be important tools in criminal defense cases. These techniques can be used to establish an alibi, show that the defendant did not commit the crime, or cast doubt on the prosecution’s theory of the case. While these techniques are not foolproof, they can help to raise reasonable doubt and lead to a more fair and just outcome in criminal cases. It is important for defense attorneys to understand how to use these techniques and to be aware of the legal precedents that govern their use.

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