Judge: State can’t use cell phone location data in case to prove former employee’s absence

A Kent County judge has tossed cell-phone location data obtained by police investigating a Delaware State Police firearms expert accused of theft from the department.

The ruling leans upon a recent U.S. Supreme Court ruling which places greater restrictions on how police can access the location data generated by citizen’s cell phones — a ruling that is causing upset in other prosecutions.

It comes as Carl Rone, the state’s former forensic firearms examiner, awaits an October trial for charges of falsifying business records and theft under false pretense.

Rone, 62, was the state’s foremost expert on ballistics, testifying frequently as a state’s witness regarding microscopic analysis matching bullet casings with firearms, mapping bullet trajectory and interpreting the significance of gunpowder residue found at crime scenes.

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