Brave Investigations | Cell Phone Forensics for Personal Injury & Commercial Vehicle Crash Cases
I recently submitted a poll on LinkedIn with the question, “How can CDRs be used to detect spoliation or tampering with evidence?” The options were:
- Missing calls or texts
- Gaps in activity logs
- Inconsistent timestamps
- Unusual device changes
In today’s digital age, cell phone evidence is often at the heart of civil litigation, especially in personal injury and commercial vehicle crash cases. But what happens when that evidence is altered, deleted, or tampered with? Detecting spoliation (the destruction or alteration of evidence) is critical for attorneys seeking the truth and protecting their clients’ interests. Call Detail Records (CDRs) are a powerful tool in this process. CDRs can help uncover spoliation or tampering and offers practical tips for attorneys handling these complex cases.
1. Missing Calls or Texts
One of the most direct signs of spoliation is the absence of expected call or text records. CDRs, obtained directly from the carrier, provide an objective log of all calls and texts sent or received by a device. If a party produces a phone or device that lacks certain messages or call logs, but the CDRs show those communications occurred, it’s a red flag for deletion or tampering.
For example, in a commercial vehicle crash case, if a driver’s phone is missing texts during the time of the incident but the CDRs show messages were sent or received, this discrepancy can be used to challenge the integrity of the evidence. Attorneys can use this information to argue for sanctions, adverse inferences, or further discovery.
2. Gaps in Activity Logs
CDRs provide a continuous record of device activity. Unexplained gaps—periods where no activity is recorded, especially during critical timeframes—can suggest intentional deletion or manipulation. While some gaps may be innocent (such as the phone being turned off), repeated or conveniently timed gaps can indicate spoliation.
For instance, if a driver’s CDRs show regular activity but suddenly go silent for the hour surrounding a crash, attorneys should investigate further. Comparing CDRs with other evidence (like GPS logs or dashcam footage) can help determine whether the gap is suspicious or explainable.
3. Inconsistent Timestamps
Timestamps in CDRs are generated by the carrier and are difficult to alter. If the timestamps in a device’s internal logs or exported data don’t match those in the CDRs, it may indicate that the device’s clock was changed, or that data was manipulated before being produced.
In litigation, this can be crucial. For example, if a party claims a call was made after an accident, but the CDRs show it occurred before, this inconsistency can undermine their credibility and support claims of evidence tampering. Attorneys should always compare device data with carrier records to spot these discrepancies.
4. Unusual Device Changes
CDRs can reveal when a SIM card is swapped or a device is changed. Sudden or unexplained device changes—especially just before or after a key event—can be a sign of spoliation. For example, if a driver switches phones immediately after a crash, it may be an attempt to hide or destroy evidence.
Attorneys should look for patterns such as multiple device changes, SIM swaps, or new numbers appearing in the CDRs. These can all be indicators that someone is trying to avoid detection or erase incriminating data.
Tips for Attorneys: Using CDRs to Detect Spoliation
- Request CDRs Early: Move quickly to subpoena CDRs from the carrier before data is lost due to retention limits.
- Compare All Sources: Always compare device data, exported logs, and CDRs for inconsistencies.
- Work with Experts: Digital forensics professionals can help identify subtle signs of tampering and interpret complex records.
- Document Everything: Keep detailed records of all evidence requests, productions, and findings to support spoliation claims.
- Educate the Court: Be prepared to explain the significance of CDR discrepancies to judges and opposing counsel.
Conclusion
CDRs are more than just call logs—they are a critical tool for detecting spoliation or tampering with digital evidence. By understanding how to spot missing records, gaps in activity, inconsistent timestamps, and unusual device changes, attorneys can protect their clients and ensure a fair litigation process. In personal injury and commercial vehicle crash cases, where the stakes are high and the facts are often contested, leveraging CDRs effectively can make all the difference.
Brave Investigations is here to help attorneys navigate the complexities of cell phone forensics and digital evidence. If you need expert support in your next case, contact us today.