Don’t believe everything you read about Cell Site Analysis!

If you do a quick internet search for a cell site expert you are faced with pages of companies making all sorts of grand claims. There is all sorts of misleading information just on the first couple of pages of one search engine. We know which of these claims are either true or false. That’s because cell site analysis is all we do, day in day out and the cell site analysis experts at Footprint Investigations are passionate about what they do. So let’s have a look at some of the claims being made which could have an effect on your criminal defence case.

There is one company who give a totally inaccurate account of what cell site analysis is. They claim that it is used to find out which cells a phone is likely to connect to depending on the features and behaviour of a particular network at a location.

The correct definition of cell site analysis is simply that it is used to ascertain the likely location of a mobile phone through the detailed examination of historic call data records. This can be used in conjunction with radio frequency network surveys. In fact the definition is the only thing that is simple about cell site analysis. This type of evidence has never been more complex than it is now due to network amalgamations, the formation of EE and the inception of 4G. Worryingly though as cell site analysis is an unregulated area of forensics then anyone can pass themselves off as an expert. There are a very small number of cell site experts who actually have the correct background in having actually worked for one of the network providers in planning and optimisation. These engineers fully understand the complexities and can give relevant opinion in court. A large number of companies do not employ a cell site analysis expert they either subcontract the work out to a company who does, or they use one of their own staff to do it alongside their normal role as a computer or mobile phone examiner. The only way to be sure of who is producing a report for your client is to ask for their CV. Check that they have relevant background with a network provider, their knowledge and expertise could be CRUCIAL to your client’s case. We used to say check that they have conducted work for both prosecution and defence, however this is no guarantee that your ‘expert’ is qualified.  The worst case we ever saw was a very high profile case and the report was conducted by a phone examiner who had literally no understanding of cell site analysis. This in itself is not terribly unusual apart from the fact that this company were working for the prosecution, whereas this is quite common for the defence. How many times has your expert given evidence at court? This is a good indicator of their experience as the majority of reports produced for criminal defence never actually get served. They simply check the prosecution work and generally agree with it. Or as we call it they ‘take the money and run’.

There is also the company who claim to have the worlds most advanced survey equipment. While another claims to be the only company who can undertake 4G surveys and another has ‘state of the art’ equipment!

There is in fact no such thing as the worlds most advanced survey kit, the survey equipment that qualified experts generally use is industry standard survey kit. That is to say the same radio frequency survey equipment used by the cell site engineers who currently plan and optimise the mobile phone networks that we all use. If survey equipment is not industry standard and is homemade for instance as some companies claim, then questions may be raised in relation to the evidential integrity of any results. If they are handheld devices then do they replicate a handset? There may potentially be erroneous results.

There is also the company who claim to be able to use cell site analysis in order to collect text messages. A few also talk about ‘real time’ cell site analysis which is something that they would never actually be involved with.

As we have already discussed cell site analysis deals with the historic location of a mobile phone, it does not retrieve the text messages, just gives the locations of the masts at the time the texts were sent or received. As for real time cell site analysis a company such as ourselves would never be involved as this would be conducted by the network provider in conjunction with the police.

All companies offering this service, whether by a qualified expert, a computer examiner or even where it is outsourced all charge the same hourly rate as set by the Legal Aid Agency. If your client is facing trial on a serious charge cell site analysis evidence may be pivotal to your clients defence.

The cell site experts at Footprint Investigations have each produced hundreds of reports and have given evidence in relation to a large number of trials. We have produced reports for many high profile cases, both prosecution and defence the majority of which were for murder, drugs and kidnapping trials.

We recommend that you consider the following points. Does your ‘expert’ complete both prosecution and defence reports –if not, why not? Crown experts are more likely to be tested at court and therefore logically more able and experienced.

Experts are still ‘self-certifying’. There is no list of ‘good’ or ‘genuine’ experts. The best experience to be a cell site analysis expert is to have worked appropriately within the telecoms industry, not in computers or other areas of digital forensics. They are very different disciplines in the same way that there are many different types of solicitors, family, civil, criminal and the like.

CV and list of high profile cases are available upon request.

Call 01527 467467 or email denise@footprintinvestigations.com