Obtaining and Using Cell Phone Records in Tennessee
Live Webinar: Thursday, November 2, 2017
2:00 p.m. to 3:00 p.m. Central / 3:00 p.m. to 4:00 p.m. Eastern
WEBINAR SNAPSHOT: Earn valuable CLE and learn the best way to acquire and apply cell phone evidence.
When can you enter cell phone records evidence at trial, or use it in settlement negotiations? What are the rules governing how you obtain it?
In the era of the smart phone, the use of cell phone records at trial is becoming more and more common. Yet the best way to obtain this information and make the best use of it is still evolving.
The U.S. Supreme Court will decide whether the government needs a warrant to obtain information from cellphone companies showing their customers’ locations. The Court has limited the government’s ability to use GPS devices to track suspects’ movements, and it has required a warrant to search cellphones. The case pending, Carpenter v. United States, concerns historical data held by cellphone companies that shows users’ movements over time and could, for instance, place them at the scene of a crime.
Cellular phone information – subscriber information, call detail records, cell towers used by a phone, text message detail, text message content, pictures, voicemail, email, and Facebook messages – is not just used to place a suspect near the scene of a crime at a particular time, but they are also used in civil litigation. Cell phone records may establish that a driver was on the phone at the time of an accident. They may be used to prove a spouse was having an extramarital affair or dissipating marital assets.
Join your colleagues for this valuable CLE webinar and learn the best way to acquire and apply cell phone evidence. Experienced Tennessee attorney Russell Taber will explain:
- Sources of cell information
- The type of cell phone information available
- How to discover cell phone records
- How to admit cell phone records at trial
- Records available through carriers
Register now for this advice-rich CLE event, risk free.
About Your Presenter:
W. Russell Taber, III, with Riley Warnock & Jacobson PLC, in Nashville, practices primarily in the area of business litigation. He has represented individual and corporate clients in federal and state courts and arbitration proceedings. He has experience in various substantive areas of the law and industries, including breach of contract, information privacy, business torts, intellectual property and healthcare. Recognizing the significance of electronic discovery in commercial litigation, Mr. Taber is involved in developing cost-effective e-discovery solutions that are legally defensible and advance his clients’ litigation objectives. He is the author of the book Electronic Discovery in Tennessee: Rules, Case Law and Distinctions. Mr. Taber is AV rated by Martindale-Hubbell and has been named a Mid-South Rising Star by Super Lawyers® since 2012. Prior to joining Riley Warnock & Jacobson, PLC, he served as a law clerk for the Honorable Gilbert S. Merritt Jr. of the United States Court of Appeals for the Sixth Circuit. Mr. Taber graduated from Vanderbilt University Law School, where he served as Special Project Editor of the Vanderbilt Law Review and was a member of the Order of the Coif and the Moot Court Board. He also graduated Phi Beta Kappa from Georgetown University with a B. A. degree.