Spring 2019 Gavel Spring Gavel 2019 - Page 24

All published and nonpublished detailed subscriber records for incoming calls received or outgoing numbers dialed. Historical Global Positioning Location (GPS) information or location information obtained otherwise without geographical limits. For the dates of _______ through _______. This list only pertains to data requested for determining location. Other phone data may be of interest including – but not limited to – emails, web browsing, and text messages. Richard Miletic has been in the wireless field for over 30 years. He helps with network design, testing and troubleshooting for cellular, Wi-Fi, and public safety systems. He provides expert testimony in criminal and civil cases all over the United States. Richard Miletic • ZK Services, LLC • Mountain View, Calif. 650-279-2403 • rich@zkcelltest.com • www.zkservices.net Conclusion The current method of determining coverage area for cell sites by drawing an arbitrary circle or arc around the cell site is not a scientific method and should not pass the Daubert or Frye test. A better method presented here has been used by cellular RF engineers for many years and uses a combination of modeling and measurements to determine actual coverage. Many criminal and civil cases depend on accurate and scientific information about cellphone location. People’s lives depend on the outcome. The most accurate method available should be utilized to make sure justice is properly served. 1. Carpenter v. United States, 138 S. Ct. 2206 (2018). 2. United States v. Carpenter, 819 F.3d 880, 885 (6th Cir. 2016). 3. United States v. Davis, 785 F.3d 498 (11th Cir. 2015). 4. Id. at 503. 5. People v. Superior Court of Los Angeles County; Ronald Brim, Real Party in Interest. B229701 https://caselaw.findlaw.com/ca-court- of-appeal/1560782.html. 6. Daubert v. Merrell Dow Pharmaceuticals, 113 S. Ct. 2786 (1993). 7. Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). 8. FCC Electronic Code of Federal Regulations, https://www.ecfr. gov/cgi-bin/text-idx?SID=be7dbb5d84aa010f5ed384dea0fcf1cd &mc=true&node=sp47.1.2.j&rgn=div6. (c) 2018, National Association of Criminal Defense Lawyers. Reprinted with permission. SAVE THE DATE SBAND WOMEN LAWYERS SECTION NORTHERN PLAINS WEATHER SERVICES Dr. Matthew Bunkers of Northern Plains Weather Services is a certified consulting meteorologist (CCM) and forensic meteorologist with over 25 years of weather analysis and forecasting experience. He can provide reports, depositions, and testimony in the areas of weather and forecasting, severe summer and winter storms, flooding, applied climatology and meteorology, agriculture meteorology, and statistics. More information is provided at http:// npweather.com, and you can contact Matt at nrnplnsweather@ gmail.com or 605.390.7243. 24 THE GAVEL Symposium on Implicit Bias in the Legal Profession UND School of Law, Grand Forks, N.D. Saturday, September 21, 2019