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To: CholeraJoe
"Conversely, cell phone records have been ruled inadmissible in court to establish an alibi since such records only establish the device’s whereabouts not its owner’s."

Huh? That doesn't seem very likely. I have seen no ruling establishing such a precedent. Do you have a case or state? I would be interested in reading the judges opinion.

Cellphone evidence may be easily rebutted by either prosecution or defense, but it would be unlikely that a judge would "rule it inadmissible". Its evidentiary value would be something left for the jury to weigh, not the judge, FWIW.

32 posted on 02/11/2010 9:26:28 AM PST by OldDeckHand
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To: OldDeckHand

I don’t have a cite. It was a criminal case in which the defendant’s cell phone was recorded as traveling between two cities during the period of time a murder occurred in one. The defense attempted to use the cell phone’s whereabouts to show the defendant had left the city before the time of the murder and it was not allowed.

Sorry, that’s all I can remember about it.


39 posted on 02/11/2010 9:34:09 AM PST by CholeraJoe (Any man over 35 with washboard abds is either gay or a narcissist.)
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