In the world of personal injury litigation, cell phone data can be a game-changer—especially when location matters. But interpreting that data can be tricky. You might look at two data points just seconds apart and find locations 10, 20, or even 100 miles apart. How is that possible? The answer lies in the source of the location data.
Last week, I posted a LinkedIn poll with this question:
“Where does cell phone location data represent?”
The options were:
- The location of the phone
- The location of the cell tower
- The location of the Wi-Fi used
- The location of another phone
If you chose any of these, you were right—under certain conditions. Let’s explore each answer and break down how different sources of location data can affect your case.
The Location of the
Phone
This is the most direct and often the most reliable form of location data. When available, GPS-based location data can pinpoint a device’s exact coordinates using satellite signals. This data may be sourced from:
- Navigation apps (Google Maps, Waze)
- Photos and videos with embedded geotags
- Social media check-ins
- Health or fitness tracking apps
However, precise location data stored by mobile carriers is short-lived—Verizon retains it for 7 days, and AT&T for about 30. That’s usually too late for most civil cases, making data from the phone itself (via forensic extraction) the most viable option.
A word of caution: GPS accuracy can vary depending on satellite connectivity, and phones don’t always indicate the margin of error. Still, it’s highly reliable in scenarios like auto accident reconstructions.
The Location of the
Cell Tower
This information comes from Call Detail Records (CDRs), which must be subpoenaed directly from the cell carrier. These records log the cell site a phone connected to during a call, text, or data session—not the precise location of the device.
For example, in a motor vehicle case, CDRs from a carrier like AT&T can help reconstruct a driver’s route by mapping the handoff between multiple towers. While not pinpoint accurate, cell tower data offers valuable insight into a phone’s general movement over time.
Tip for litigators: Request CDRs—not billing records. Billing data omits cell site locations entirely.
The Location of the Wi-Fi Used
Modern smartphones automatically connect to known Wi-Fi networks when in range. Each time they do, the phone logs:
- The Wi-Fi network’s name (SSID)
- The physical location where the connection occurred
During a forensic phone extraction, examiners can access the phone’s Wi-Fi database. If a phone connected to a café’s Wi-Fi at 9:15 AM, that’s strong evidence it was in or near that café.
This can help corroborate or refute location claims, especially in cases involving premises liability or timelines under dispute.
The Location of Another
Phone
Here’s where things can get misleading. Suppose you’re reviewing a timeline of a phone’s location history and suddenly see a point across the country—or the globe. What happened?
It’s likely the phone received a photo or file embedded with geolocation metadata—from someone else’s phone. For example, my wife once sent me vacation photos from London while I was at home in Indiana. Those photos, stored on my phone, carried her phone’s location data, not mine.
In a timeline report, those images would falsely appear as if I were in London unless properly contextualized.
Final Thoughts: Accuracy Depends on Source
Understanding the source and context of cell phone location data is essential for personal injury attorneys. Whether reconstructing a vehicle crash, establishing a timeline, or verifying alibis, location evidence can strengthen or weaken a case.
But data misinterpretation can be just as damaging as missing data. To prevent that:
- Act fast—especially if GPS data from the carrier could be useful.
- Always seek proper legal authority before obtaining a phone’s forensic image.
- Use a trained mobile forensic examiner to interpret results accurately.
- Be prepared to challenge or defend the admissibility and interpretation of cell phone location data.
Need help analyzing mobile phone evidence or preserving location data in a personal injury case?
Email me at ben@braveinvestigations.com.
Don’t let critical data disappear before your case goes to court.