☰ In this section

The Champion

November 2009 , Page 28 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

An Approach to Cell Phone Evidence for Criminal Defense Attorneys

By Daniel K. Gelb

One need only walk down the street or through a mall in order to come to the conclusion that cell phones are widely used. The proliferation of electronically stored evidence (ESI) that resides on cell phones will have increasing importance when the prosecution alleges that cell phones were used in the commission of crimes. As a result, familiarity with electronic discovery (e-discovery) is a necessity for effectively defending a client in a criminal — as well as civil and regulatory — matter.

The purpose of this article is to provide a framework for understanding cell phone evidence in order to substantiate a client’s defense or to suppress or rebut the prosecution’s case.

I. Determining the Existence Of Cell Phone Evidence

Counsel must determine exactly what kind of phone the defendant used during the time frame of the offenses alleged, the features available and used by the defendant, and whether the defendant is the subscriber on the account. It is very difficult to challenge the prose

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us