How the Importance of Cell Phone Records Grows in Courtroom Battles

New York Busts Down on Cell Phone Records

In New York, cell phone records have played a pivotal role in the midst of courtroom battles concerning divorce, child custody, and murder.  In the case of Mikhail Mallayev, he was convicted of murder based on his cell phone record.  He shot and murdered his wife’s ex in a custody battle.  While he was not on his cell phone the morning of the murder, his alibi didn’t match up with the location of the calls he made that afternoon.

In another New York case of murder, Darryl Littlejohn, a bouncer at a Queens’ nightclub, murdered Immette St. Guillen and dumped her body in Brooklyn, while making phone call after phone call in the process.  He was not aware that the tracking device in his cell phone would prove his alibi to be contrived.  He was convicted of murder based on his cell phone records.

Should Cell Phone Records Be Allowed in Courts?

Cell phone records could allow court cases to be built around a cell phone record by tracking all the past movements of the suspect and building a case against them.  However, cell phone tracking raises a huge debate between public safety and privacy.  The existing federal laws do not give a clear picture concerning cell phone data in conjunction with federal wiretaps and tracking.  Court rulings vary from state to state.

How Tracking Cell Phones Works

The exact location of a cell phone user can be tracked to within 200 yards in an urban town and a 20-mile radius in rural areas.  Cell phone companies collect this data after the call has been made.  However, in the case of an emergency, the cell phone company can trace any cell phone that is turned on.

The big question is what constitutes an emergency.  Can you use your cell phone records to catch a cheating spouse or check someone’s alibi?  Well, for now, you can…