Category Archives: Cell site location information

WaPo: Will the Supreme Court agree to hear the Fourth Amendment cell-site cases? (And should they?)

WaPo: Will the Supreme Court agree to hear the Fourth Amendment cell-site cases? (And should they?) by Orin Kerr: As John Elwood noted recently at SCOTUSblog, the Supreme Court has relisted a set of pending cert petitions on whether the … Continue reading

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TX: Texas Const. grants no special protection to third party information; here CSLI and numbers dialed

Third party cell phone information is not protected by the Texas Constitution. It grants no greater rights than the Fourth Amendment. If the drafters wanted it broader, they could have said so. The information was available to law enforcement under … Continue reading

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S.D.Ind.: T-Mobile’s policy to do a data dump on any T-Mobile phone linked to a robbery of one of its stores doesn’t make it a government agent

A T-Mobile store was robbed, and their policy is to do a data dump including CSLI of any T-Mobile phone number potentially linked to the robbery. That does not make them a government agent in the data dump. United States … Continue reading

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WaPo: 9th Circuit oral argument on historical cell-site information

WaPo: 9th Circuit oral argument on historical cell-site information by Orin Kerr: Several federal circuits have ruled that there is no Fourth Amendment reasonable expectation of privacy in historical cell-site location information. The 9th Circuit held argument on the question … Continue reading

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S.D.N.Y.: Sporadic user of cell phone had no standing; gathering provider information not a “search”

Defendant moved to suppress the cell phone data from a phone he sporadically used during a conspiracy, but he has no standing. The date was 334 days worth, and his use was occasional. This is no different that a sporadic … Continue reading

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CA6: CSLI by court order was valid; lengthy pole camera observation of publicly seen areas reasonable

Lengthy CSLI was obtained by a cell site simulator but with a court order. Pleading the pen register statute is no help to the defense because there is no exclusionary remedy. Pre-Jones GPS tracking was valid under Davis. Finally, lengthy … Continue reading

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BuzzFeed: Gorsuch Might Play Key Role In Cellphone Privacy Issues If Confirmed To The Supreme Court

BuzzFeed: Gorsuch Might Play Key Role In Cellphone Privacy Issues If Confirmed To The Supreme Court by Hamza Shaban: The Court is likely to consider cellphone location data, encryption, and other privacy issues in the coming years.

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N.D.Ill.: While merely being close to another for whom there is reason to frisk or arrest is not PC, here there actually was PC

The FBI had more than reasonable suspicion based on mere propinquity to others. There were specific facts involving defendant that rose to reasonable suspicion. United States v. Amaya, 2016 U.S. Dist. LEXIS 174615 (N.D.Ill. Dec. 16, 2016).* Defendant’s cell site … Continue reading

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NYLJ: The Constitutionality of Using Cell-Site Simulators

NYLJ: The Constitutionality of Using Cell-Site Simulators by Richard Raysman & Peter Brown:

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CA2: Child prostitution exigency for warrantless cell phone ping

Defendant’s phone was pinged at the request of law enforcement to find him after they developed strong reason to believe he took a 16 year old girl from Maryland to NYC to work her as a prostitute. This type of … Continue reading

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