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Cell Phone Tower Data Admissible
Cell Phone Tower Location Data
As of 2025, historical cell phone records of the tower sites used by a defendant are still admissible in court. Florida courts have consistently ruled that a user of a cell phone has no reasonable expectation of privacy in the records of the towers their phone connects to during calls. In recent decisions, including those involving search warrants, courts have reaffirmed that these records, showing the location of the defendant at the time of the alleged crime, are valid for use as evidence.
An affidavit from law enforcement can state that the cell site location data will reveal the defendant’s approximate location during specific times of the alleged incident, typically within a half-hour window. Efforts to suppress such evidence continue to face challenges, as the courts find that the law does not offer protection against the collection of this type of data.
This remains a critical issue in criminal defense, particularly when the prosecution seeks to use tower data to establish the defendant’s presence at or near a crime scene.
Cell Phone Evidence in Question?
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Source: 35 Fla. L. Weekly D63a
Posted in: Cell Phone Tower, Criminal Defense, and Search Warrant
Tagged: Cell Phone
Top 5 FAQ for Towers Used by Law Enforcement
Cell phone tower data refers to records showing which cell towers a phone connects to during calls or when the phone is actively searching for service. These records can be used to track a phone’s approximate location at specific times. Law enforcement can obtain this data through a search warrant, and it can be crucial in criminal investigations to place a defendant at or near the scene of a crime.
Yes, law enforcement can access your cell phone tower data without your consent if they obtain a valid search warrant. The warrant must demonstrate probable cause, showing that the data is likely to help in investigating a crime. The courts have ruled that there is no expectation of privacy in cell tower records, so law enforcement can legally obtain these records for investigative purposes.
Cell phone tower data can provide a general location of a phone, but it may not be entirely precise. Typically, the data shows which tower your phone connected to, and depending on the distance between towers, the location accuracy can range from a few hundred yards to several miles. In urban areas with a dense network of towers, the data may be more accurate, while in rural areas, the location may be less precise.
It can be difficult to challenge the use of cell phone tower data in Florida courts, as the courts have ruled that there is no expectation of privacy in this data. However, there may be other legal avenues to explore, such as challenging the validity of the search warrant or the method used to obtain the data. A skilled criminal defense attorney can review the circumstances of your case and determine if there are any grounds to suppress the data or weaken its impact in court.
If your cell phone tower data places you near the crime scene at the time of the alleged crime, it could potentially be used as evidence to suggest your presence there. However, this alone may not be enough to prove guilt. The prosecution would need to establish other evidence linking you to the crime, and your defense attorney can challenge the interpretation of the data or provide evidence that suggests an alternative explanation. It’s important to have legal representation to help defend against these charges.
Original Post from 2010
“user of cell phone has no expectation of privacy in cell phone records of the cell towers”
Cell Phone Tower Location Data
Historical phone records of the tower sites used by a defendant were deemed admissible and efforts to suppress the records were for naught. The Florida Court found that the user of phone has no expectation of privacy in cell phone records of the cell towers used during phone calls. An affidavit by law enforcement stated that the cell site location would show where the defendant was located at the time he was using the phone within a half hour of the alleged crime.
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Source: 35 Fla. L. Weekly D63a