Category Archives: Cell site location information

NJ: State failed to show exigency for warrantless phone records search

Under New Jersey statute and constitution, cell phone records and CSLI required a showing of probable cause and a court order since 2010. Exigent circumstances were a recognized exception, and the state failed to show exigency here. State v. Manning, … Continue reading

Posted in Cell phones, Cell site location information, Emergency / exigency | Comments Off on NJ: State failed to show exigency for warrantless phone records search

AL applies GFE to CSLI 2½ years before Carpenter

CSLI obtained by court order, but without showing probable cause, nearly three years before Carpenter was all in good faith. Watson v. State, 2020 Ala. Crim. App. LEXIS 4 (Jan. 10, 2020). Defendant’s ineffective assistance of counsel claim against counsel … Continue reading

Posted in Cell site location information, Good faith exception, Probable cause, Protective sweep | Comments Off on AL applies GFE to CSLI 2½ years before Carpenter

EFF: Courts Grapple with a Sea Change in Fourth Amendment Law After Carpenter v. U.S.: Year in Review 2019

EFF: Courts Grapple with a Sea Change in Fourth Amendment Law After Carpenter v US: Year in Review 2019 by Jennifer Lynch (“In the year and a half since the Supreme Court’s ruling, Carpenter has been cited in more than … Continue reading

Posted in Cell site location information, Third Party Doctrine | Comments Off on EFF: Courts Grapple with a Sea Change in Fourth Amendment Law After Carpenter v. U.S.: Year in Review 2019

NY2: Responding to a domestic call, the unmistakable sounds of an assault from inside justified warrantless entry

Police responded to an apparent domestic call. The officers at the door “heard a woman being beaten inside the apartment, heard her scream, and heard a male saying, ‘shut up’; and no one responded to the officers’ repeated knocks on … Continue reading

Posted in Cell site location information, Emergency / exigency | Comments Off on NY2: Responding to a domestic call, the unmistakable sounds of an assault from inside justified warrantless entry

The Intercept: The Donald Trump Campaign Is Deploying Phone Location-Tracking Technology

The Intercept: The Donald Trump Campaign Is Deploying Phone Location-Tracking Technology by Lee Fang (“President Donald Trump’s reelection effort has retained the services of a technology company that specializes in the mass collection of smartphone location data, which can be … Continue reading

Posted in Cell site location information | Comments Off on The Intercept: The Donald Trump Campaign Is Deploying Phone Location-Tracking Technology

CA4: Police could warrantlessly seize CSLI for cell phone abandoned in flight from the police

Defendant consciously was abandoning his property as he was trying to elude police who were chasing him on foot. He tossed everything, including his cell phone. Getting the CSLI for the abandoned phone without a warrant was reasonable, too. United … Continue reading

Posted in Abandonment, Cell phones, Cell site location information | Comments Off on CA4: Police could warrantlessly seize CSLI for cell phone abandoned in flight from the police

N.D.Ind.: Parole search waiver applies to CSLI information

CSLI can be obtained from a parolee’s cell phone without a search warrant. “However, the Court’s own research has found that every circuit court faced with the same question has sided with the Government and found that a warrant is … Continue reading

Posted in Cell site location information, Probation / Parole search | Comments Off on N.D.Ind.: Parole search waiver applies to CSLI information

FL4: Use of cell site simulator under CSLI order 4A violation; no GFE because of lack of contrary authority

In 2012, well before Carpenter, the police used a cell site simulator under CSLI order to track defendant. There was no binding authority at the time for the state to rely on. By the time this case reaches appeal, the … Continue reading

Posted in Cell site location information, Cell site simulators | Comments Off on FL4: Use of cell site simulator under CSLI order 4A violation; no GFE because of lack of contrary authority

E.D.Wis.: Cert grant alone in Carpenter didn’t nullify GFE as to CSLI

The fact that SCOTUS had granted cert in Carpenter when the CSLI was obtained under a § 2703 order and not a search warrant doesn’t make government reliance on existing precedent unreasonable or show a lack good faith. United States … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off on E.D.Wis.: Cert grant alone in Carpenter didn’t nullify GFE as to CSLI

Law.com: Courts Are Getting Geofenced In by Location Data Quandaries

Law.com: Courts Are Getting Geofenced In by Location Data Quandaries by Frank Ready: Geofencing is emerging as a popular tool among law enforcement agencies, but answering the legal questions it poses may yield serious investigative challenges.

Posted in Cell site location information | Comments Off on Law.com: Courts Are Getting Geofenced In by Location Data Quandaries

techdirt: Supreme Court’s Warrant Requirement For Cell Site Location Info Apparently Killed Another Domestic Surveillance Program

techdirt: Supreme Court’s Warrant Requirement For Cell Site Location Info Apparently Killed Another Domestic Surveillance Program by Tim Cushing:

Posted in Cell site location information, National security | Comments Off on techdirt: Supreme Court’s Warrant Requirement For Cell Site Location Info Apparently Killed Another Domestic Surveillance Program

VA: State gets to argue GFE after a Carpenter remand even though it never raised the question before Carpenter was decided

Defendant was the subject of warrantless CSLI pre-Carpenter, and he petitioned for cert while Carpenter was pending. After Carpenter was decided, his case was GVR’d back to the state court of appeals. Reed v. Virginia, 138 S. Ct. 2702 (2018). … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off on VA: State gets to argue GFE after a Carpenter remand even though it never raised the question before Carpenter was decided