Cell Tower Expert Testimony Triggers Daubert Analysis

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Alabama Supreme Court Building
The Heflin-Torbert Judicial Center in Montgomery, Alabama. Altairisfar (Jeffrey Reed), CC BY-SA 3.0, via Wikimedia Commons.

In the case George v. State (2021), Manfred Schenk, an expert in radio frequency (RF) and cellular technology from Cherry Biometrics, challenged the admissibility of cell-site location data (CSLD) testimony. His expertise influenced the Alabama Supreme Court’s decision to reclassify such testimony as scientific, not lay, triggering a Daubert analysis and ultimately leading to the reversal of the defendants’ convictions.

In its January 8, 2021, opinion, the Supreme Court of Alabama held that a law enforcement agent’s testimony about how historical cell-site data could be used to determine the approximate location of the defendants’ cellphones is scientific testimony, and as such, it must be properly assessed for admissibility under the state’s rules of evidence for scientific reliability.

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Manfred Schenk, an expert in radio frequency and cellular technology, testified to the complexities of the technology and engineering behind what most people experience as the simplicity of making a cellphone call.

Criminal Legal News

The winning attorney was Richard M. Kemmer, Jr., P.C.

We encourage you to read the full article in Criminal Legal News and consider how expert consultation could strengthen your case.

Reach out to our experts

If your case involves cell towers, CDRs (Call Detail Records), CSLD (Cell Site Location Data), or related technologies, contact us. Understanding the nuances of cell tower data is critical. Incorrectly handled evidence can lead to flawed conclusions. Our experts, like Manfred Schenk of Cherry Biometrics, can help ensure that your case is evaluated with the scientific rigor it deserves.

Cherry Biometrics Inc.
18766 John J Williams Hwy #228
Rehoboth Beach, DE 19971

(​201) 513-8300
mcherrycp@gmail.com