Expert Testimony in Florida Criminal Trials: Can Cell Phone Mapping Evidence Be Used Against You?

Law Office of W.F. ''Casey'' Ebsary Jr

In Florida criminal trials, cell phone mapping evidence is increasingly used to place defendants near the scene of a crime. Prosecutors rely on call detail records and tower data to create digital maps that suggest a person’s location based on cell site activity. But how accurate is this evidence, and can it be challenged? Recent Florida case law has upheld the admissibility of such expert testimony—even when the testifying detective doesn’t understand the software’s internal algorithm or error rate. As courts lean toward accepting this digital evidence, it’s critical to understand both its power and its limitations. This page explores the legal standards, challenges, and defense strategies related to cell phone mapping and expert testimony in Florida criminal courts.


By W.F. “Casey” Ebsary, Jr.
Board Certified Criminal Trial Lawyer
📍 Expert Testimony in Florida Criminal Trials: Can Cell Phone Mapping Tampa, Florida | 📞 (813) 222-2220
 View My Bio |  Contact Now


Introduction: What Is Cell Phone Mapping Evidence?


Expert testimony in Cell phone mapping evidence is often used in criminal cases to suggest a defendant’s location at the time a crime occurred. Prosecutors use it to argue that your phone connected to a specific cell tower near the scene.
But how reliable is this information? Do detectives and expert witnesses truly understand the technology they’re presenting?


In a recent appellate decision, the court held that it was not an error to allow a detective to testify about a cell site coverage map placing a defendant near a crime scene. Even though the detective did not know the underlying algorithm or the error rate of the mapping software, the court found that his experience and training made the evidence admissible. This precedent has major implications for anyone accused based on digital cell phone data.



🔍 Expert Testimony in Florida Criminal Trials: Can Cell Phone Mapping Frequently Asked Questions About Cell Phone Mapping in Florida Criminal Cases

FAQ
FAQ
What Is Cell Phone Mapping?

Cell phone mapping is the process of using call detail records (CDRs), tower locations, and specialized software to estimate where a mobile device was at a given time. This includes:

Historical cell site location information (CSLI)
Computer-generated cell site maps
Timestamps from call logs or text messages

These maps are based on tower coverage, not GPS coordinates.

Can This Evidence Be Used in Court?

Yes. Florida courts have allowed testimony from detectives and other law enforcement personnel who can demonstrate:

Knowledge of how the software works in practice
Training in cell phone analysis and data interpretation
Experience using the technology in investigations

Even if the witness does not understand the software’s internal algorithms, their testimony may still be admissible under § 90.702, Fla. Stat.
📚 Expert Testimony in Florida Criminal Trials: Can Cell Phone Mapping Read the Statute on Justia

Isn’t That Hearsay or Junk Science?

Not necessarily. Under the Daubert standard, Florida judges evaluate:

Whether the method is scientifically valid
Whether it’s been tested or peer-reviewed
The error rate (if known)
Whether it’s generally accepted in the field
🚨 A recent ruling confirmed that experts don’t need to know the underlying code or algorithm, as long as the output is reliable and the expert can explain how it’s used in the field.
🔗 Expert Testimony Daubert v. Merrell Dow Pharmaceuticals

What Are the Weaknesses of Cell Phone Mapping?

Cell mapping is not exact science. It’s more like estimating a location, not pinpointing it.

📉 Here’s How Cell Phone Mapping compares to GPS:

FeatureCell Site MappingGPS Tracking
Accuracy0.5–2+ miles radiusWithin a few feet
Based onTower ping triangulationSatellite positioning
Real-Time?No (historical)Yes (real-time possible)
Used by Police?CommonLess common unless installed
Challenged in Court?FrequentlyRarely

More Frequently Asked Questions About Cell Phone Mapping

What Happens If the Officer Doesn’t Know the Software’s Error Rate?

Courts have ruled that the absence of an exact error rate does not make the evidence inadmissible—especially if the detective:

Underwent specialized training
Used standard investigative software
Explained how the data fit the investigation

Courts can rule it would be unrealistic and unworkable to expect every expert who uses technology with a computer component to testify to the workings of the algorithm.

Who Can Testify About This Kind of Data?

These individuals may qualify: Detectives trained in digital forensics, FBI CAST team analysts, and Telecom engineers or consultants. The key is that the witness must understand and explain the mapping software’s application, even if they don’t understand the full engineering behind it.

Can I Challenge Cell Mapping Testimony?

Yes—and you absolutely should. Common strategies include:

Daubert challenges to the method’s reliability
Cross-examining the officer about software limitations
Highlighting that the phone’s owner may not be the user
Showing the coverage map includes large areas

📚 Florida Rule of Criminal Procedure 3.190(h) – Motions to Suppress

Can They Use My Phone Records Without a Warrant?

Not anymore. In Carpenter v. United States, the U.S. Supreme Court ruled that accessing historical CSLI without a warrant violates the Fourth Amendment. If police got your records without a judge’s approval, a skilled defense attorney may be able to suppress the evidence.
📖 Expert Testimony in Cell Phone Mapping Carpenter v. U.S. (2018) on Justia

What Should I Do If My Case Involves Cell Mapping?

Contact an attorney immediately. You need someone who understands:

Digital forensics and telecom protocols
The Daubert standard
How to question expert testimony
How to file motions to exclude unreliable evidence
📞 Call me at (813) 222-2220 or send a message today.

Can You Help Me Fight These Charges?

Yes. I’ve helped clients fight—and beat—serious criminal charges where prosecutors relied on shaky digital evidence.

I understand the technical flaws behind cell mapping
I’ve successfully cross-examined digital “experts”
I’ve had evidence excluded that would have led to wrongful convictions

✅ See My Bio and Case Experience
✅ Request a Free Case Evaluation



🎥 Video: Criminal Law Expert


📹 Video on Tampa Criminal Expert  YouTube/Vimeo video



§ 90.702, Fla. Stat. Expert Testimony Rules Justia

Rule 3.190(h), Fla. R. Crim. P. Motion to Suppress Florida Courts

Testimony Reliability Standard, Daubert v. Merrell Dow Justia

Warrant Required for CSLI, Carpenter v. United States Justia


📞 Call a Digital Evidence Defense Attorney Today


Don’t let misunderstood technology decide your future. If you’re facing criminal charges involving cell phone location datacell tower mapping, or expert testimony you don’t trust, you need a lawyer who understands both the law and the tech.


🧑‍⚖️ I’m W.F. Casey Ebsary Jr., a Board Certified Criminal Trial Lawyer with a track record of defending clients in high-tech cases.


📩 Schedule Your Confidential Consultation Now »
📲 Or call: (813) 222-2220

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