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In many criminal cases, cell phone tracking data is on the checklist of "must have items" for both law enforcement and the defense, especially in cases where an individual's proximity to the crime or his or her location with respect to certain criminal conduct is in issue. Cell tracking is a technique whereby phone calls allegedly made from one's cell phone may be used to determine the approximate location of the cell phone user when making the calls. The appearance at trial of such evidence is on the uptick. Moreover, the CSI effect of cell site data (CSD) cannot be understated. With the increase in use of such data at trial, can the battle of the experts be far off? Certainly not, and as anticipated, the battle for legal supremacy in court after court has already been engaged nationwide. This article will address the admissibility of expert testimony concerning cell tracking evidence.

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