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Using Cell Phone Data in Defense of Murder in Fulton, Dekalb, and Clayton Counties

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Cell phone data is becoming more and more popular as a tool that the State uses to try to place a defendant at the scene of a murder in Fulton, Dekalb, and Clayton Counties. The State often applies for, and is given, a search warrant for a suspect’s cell phone and performs a data dump of the phone to acquire all of the location data associated with calls and text messages around a given time. Fortunately, it is also a valuable tool that defense attorneys can use to prove that a defendant was not at the scene of a murder.

Utilizing cell phone data efficiently requires a basic understanding of how location data works. Each time a call or text message is sent or received, the phone pings off the nearest tower. Each tower is then divided into 3 sectors, or azimuths, comprising 120 degrees. Each azimuth then projects a “cone”, and the cone determines which direction the phone is (or is not) located. Thus, although the State will try to convince a jury that they can pinpoint the exact location of a defendant’s call phone, they can only show that the phone was located within one of the 120-degree cones and not at a specific location.

Cell phone data is more appropriately used by a defense attorney to prove that a defendant’s cell phone was not located at or near the scene of a murder. For example, if a murder occurred in the 120-degree cone of a certain cell tower pointing northwest, but the defendant’s cell phone is pinging off the cone pointing southeast from the same tower, the defendant’s phone may be excluded from being near the scene of the murder (if there were call or text messages being sent or received at or near the time of the murder).

The State will likely call an expert witness to present the cell phone data and try to place a defendant at the scene of a murder or other serious crime. Having an attorney that is familiar with how cell phone data works is important because they can cross-examine the witness and show why their analysis is incorrect. The defense attorney may then call an expert of their own to teach the jury about how to use cell phone data to show that the defendant’s cell phone was, in fact, not present at the scene.

The attorneys at W. Scott Smith have a proven track record of using cell phone data to exonerate their clients. If you are charged with a serious crime in Fulton, Dekalb, or Clayton Counties and feel that your cell phone data would show that you were not near the scene of the crime, call our office at 404-581-0999 for a free consultation.

Homicide in Georgia: Blood

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Does it matter in Georgia criminal defense that the victim in a murder case was impaired on drugs or alcohol at the time he was killed?

Yes and no. 

In all homicide cases, pursuant to the Georgia Death Investigation Act, a Georgia medical examiner will perform an autopsy for potential prosecution.  Six of Georgia’s 189 counties have their own medical examiner’s offices including Gwinnett, Cobb, DeKalb and Fulton.  In all other counties in Georgia the individual counties contract with the Georgia Bureau of Investigation to perform their examinations.

What’s the procedure?

In almost all cases the medical examiner will draw central blood, urine and vitreous fluid from the body of the decedent.  However, the medical examiner will not order the bodily fluids to be tested by the forensic toxicology division for impairment.  Further, you must be aware, in a homicide case the GBI will hold the specimens for only 24 months before destroying them.  IN order to preserve and test the samples, the GBI will need a copy of a court order or written authorization from the prosecuting agency to test the samples.

Will this be used in court?

Assuming the results come back as showing impairment in the “victim’s” blood the argument over whether they come in depends on relevance.  Generally, a murder victim’s character is not admissible unless there is some connection as to the reason it is coming in.  Generally speaking, an expert’s testimony as to the effects of the impairing substance will be necessary.

Call us today if you or someone you love has been charged with Murder in the state of Georgia. We would love to meet with you for free. Our number is 404-581-0999.