> Nowhere does the opinion mention if the timestamps were taken on
> the same clock or if the two clocks were synchronized.

PHK,

Correct. This is an age-old problem, whether its minutes or nanoseconds. 
Time-stamps are inherently relative to a local oscillator's time and rate 
offset, and affected by frequency drift and stability levels.

A solution to this problem is for the "first responder" to take the cell 
phone(s) and simultaneously send a text message to himself from each phone. 
That could help establish a legal time difference (unless, there are variable 
reception or carrier-specific delays).

They could also simultaneously send cell phone photos of a handheld GPS 
receiver's time display. That could help establish a legal time accuracy 
question (unless, the cell phone or GPS receiver were in some sort of hold-over 
mode).

For extra credit, further photos can be sent each hour for hours or days to 
determine the cell phone frequency drift and stability parameters.

Then again, realize that a jury of your fellow citizens, not a jury of your 
"peers", will decide the question of timing. Thus to raise technical issues 
like syntonization vs. synchronization, or standard vs. Allan deviation, or GPS 
vs. UTC clocks will probably not help your case.

/tvb


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