Category Archives: Cell site location information

PA directs parties to brief whether Carpenter applies to real time CSLI

Pennsylvania withdraws a CSLI opinion (Commonwealth v. Pacheco, 2019 PA Super 208, 2019 Pa. Super. LEXIS 662 (July 3, 2019)) and directs that the parties brief whether Carpenter applies to real time CSLI. Commonwealth v. Pacheco, 2019 Pa. Super. LEXIS … Continue reading

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GA: Findings and conclusions aren’t always required, and record would be looked to for support

The trial court didn’t make specific findings that defendant consented to the taking of blood for a BAC test. So, the appellate court looks to the record and finds that the evidence supports a finding of consent and denial of … Continue reading

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CA2: More regular home visits of sex offenders to verify information reasonable under “special needs”

Suffolk County contracted with a private non-profit to verify registered sex offenders’ addresses, and that required home visits. Plaintiff sued for violation of the Fourth Amendment. The court holds that their actions were permitted under the “special needs” exception because … Continue reading

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Lexology: Carpenter and Everything After: The Supreme Court Nudges the Fourth Amendment into the Information Age

Lexology: Carpenter and Everything After: The Supreme Court Nudges the Fourth Amendment into the Information Age by Christopher Fonzone, Kate Heinzelman, and Michael R. Roberts

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MN: CSLI obtained by state statute was valid because of PC showing; it also complied with Carpenter

Defendant’s CSLI was obtained under a state statute that had a probable cause requirement, and the state showed it. There were two statutes involved, and the wrong one was cited, but the state nonetheless met the standards of both. The … Continue reading

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MA: Def’s statement was suppressed, and that led to suppression of phone and CSLI for lack of nexus

Defendant’s cell phone search was based on a statement in violation of Miranda, and it must be suppressed. When the affidavit for the search warrant for defendant’s CSLI has the information removed that was the product of that search, there … Continue reading

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MT: Overseizure of contents of cell phone didn’t prejudice def where the overseized information was not offered at trial

Defendant argued that the search of his cell phone violated the Fourth Amendment because more was seized than the warrant allowed. Since none of the excess was offered by the state, he wasn’t prejudiced, and the over seizure didn’t void … Continue reading

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Bloomberg Law: Location Data Privacy Protection Expanding in Judges’ Hands

Bloomberg Law: Location Data Privacy Protection Expanding in Judges’ Hands by Daniel R. Stoller: Courts have been expanding privacy protections for law enforcement access to real-time cell tower data, a trend attorneys say eventually could include other location-based information. . … Continue reading

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CA9: Order suppressing laptop search for lack of PC and delay reversed; not wholely lacking in PC and delay was not unreasonable or culpable

The order suppressing a laptop search is reversed. The computer was seized under a state search warrant but searched under a federal warrant. Even if probable cause was lacking for the issuance of the search warrant, it was close enough … Continue reading

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OH10: Carpenter not shown to be retroactive for post-conviction purposes

Defendant’s post-conviction petition seeking to apply Carpenter is denied. It’s a successor petition and untimely, and Carpenter isn’t shown to be retroactive. State v. Teitelbaum, 2019-Ohio-3175, 2019 Ohio App. LEXIS 3268 (10th Dist. Aug. 8, 2019).* Defendant consented to talk … Continue reading

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WA: Pre-Carpenter subpoena for CSLI fails with no PC showing

Defendant’s CSLI records were obtained by subpoena without a search warrant pre-Carpenter, and the record was preserved. The Fourth Amendment and the state constitution were violated. The state just can’t use a subpoena for something this intrusive that tracks one’s … Continue reading

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OH2: Def’s case was pending when Carpenter decided, so he gets benefit of it, but there was exigency for ping

Defendant was arrested in 2016 for a murder. He raised a CSLI issue, and he was tried after Carpenter was decided. He gets the benefit of Carpenter because his case was still pending when it came down. Nevertheless, there was … Continue reading

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