GPS Tracking by Cell Phone; Advanced Enough for Court System?

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cell-phoneWireless communication has grown by leaps and bounds since the early 1980s, when the cellular phone found its niche in the public marketplace. What was then a heavy, utilitarian handset nearly the length of a shoebox, has evolved into today’s miniature, multi-functional gadget, with access to music, games, camera, e-mail, text-messaging and a once-unimaginable amount of information, via Internet interface.

For almost 30 years, the cellular phone has been almost constantly revised and reinvented to keep up with consumer demand.

At the moment, one of the most popular cell phone functions is Global Positioning System (GPS) tracking and navigation services, which many consumers find invaluable for driving directions, traffic updates and Location-Based Services (LBS): finding local attractions, dining and services such as parks, restaurants, a drug store or dry cleaners.

GPS navigation, including directions over a screen map, is an additional service option. GPS tracking on cell phone is often a different – and often debated – subject entirely.

Is it Reliable as Evidence?

As a whole, the legal system is still rather unclear about whether GPS tracking information can be admitted as evidence in a trial; and if so, what weight can be given to it. It quite literally is being considered on a case-by-case basis. In two recent court cases, opposite views were presented.

  • Todd Glassey, a scientist and technical expert with a time data services foundation, told the DC Circuit Appeals Court that nongovernment-level GPS tracking systems can be jammed or spoofed – especially those systems tied to cellular systems. He said that the data should not be admissible in court without other supporting evidence.
  • In a New York courthouse, information retrieved from a passive vehicle tracking device installed in a vehicle was admitted into evidence in a second-degree murder trial. The detailed tracking report, and expert testimony from the GPS tracking device manufacturer, LandAirSea, directly conflicted with the defendant, George Ford Jr.’s recollection of events. Ford was convicted of killing his babysitter by running her down.

In the past, GPS tracking devices have only played a minor role in the courtroom. Acceptance seems to revolve around the credibility of the GPS tracking information.

How Cell Phone Tracking Works

All cell phones have basic GPS tracking capability, ordered by the government in the aftermath of the Sept. 11, 2001 terrorist attacks. This locating service is only available to the phone owner in emergency situations.

Since then cellular phone carriers integrated GPS tracking technology into their handsets. In most cases, radio transmissions from the GPS satellite system in space are received and redirected to the phone handset through the carrier’s cell tower network.

This is different from traditional GPS tracking, where the units are designed and engineered for one specific purpose: determining a vehicle’s exact location, from direct-capture of signals from the GPS satellite network. The GPS tracking device is small, self-contained and can be placed almost anywhere in a car. It can receive signals through plastic, cardboard, fiberglass, carpeting and even signals reflected off the ground under the chassis of the vehicle. The receiver’s exact location can be determined within 2.5 meters and the vehicle’s travels can be viewed second-by-second.

 Quite simply, traditional vehicle tracking devices are more sophisticated and have proven accuracy beyond their cell phone contemporaries.

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