June 01, 2018 Feature

Admissibility of Historical Cell Phone Location Evidence

Such evidence comes with uncertainties that require expert testimony.

Hon. Paul W. Grimm | The author is a U.S. district judge in the District of Maryland. The views expressed in this article are those of the author only.

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Imagine this situation: The government has charged a defendant with Hobbs Act robbery. The indictment alleges that the defendant entered a convenience store at 1 a.m., pointed a gun at the clerk, and threatened to shoot him if he did not hand over the contents of the cash register. The clerk did as he was told, and the defendant fled. Security camera video shows a tall, stocky man dressed in dark clothing, with a ski mask covering all of his face except for his eyes. The clerk is unable to identify the assailant.

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