Category Archives: Cell site location information

Forbes: Is Warrantless Access To Cell Site Info A Fourth Amendment Violation? A Primer On Carpenter v. US

Forbes: Is Warrantless Access To Cell Site Info A Fourth Amendment Violation? A Primer On Carpenter v. US by John Villasenor

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D.S.D.: Pinging cell phone to locate def after arrest warrant issued didn’t implicate 4A

Pinging defendant’s cell phone to locate him after an arrest warrant issued didn’t implicate the Fourth Amendment. There was also exigency from fear for safety of the CI and of destruction of evidence. United States v. Sauceda, 2017 U.S. Dist. … Continue reading

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Westlaw Insider: The Fourth Amendment in a Digital Age

Westlaw Insider: The Fourth Amendment in a Digital Age:

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Carpenter oral set for Nov. 29, briefs all in

The oral argument in the cell site location information-third party doctrine case this past week was set for November 29th. ScotusBlog here with links to all the briefs, both parties and amici. Petitioner’s brief Amici: Competitive Enterprise Institute, et al. … Continue reading

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OH12: SW for text messages on cell phone was particular when limited to one person’s messages

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages … Continue reading

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D.Neb.: Over a year of CSLI was reasonable where the conspiracy covered over two years

Defendants were charged with a series of ATM robberies, and the government sought historical CSLI to link the defendants together. This is third party information. The fact that information was sought for over a year in some of the defendants’ … Continue reading

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N.D.Cal.: Use of a Stingray to track a phone is a search requiring a warrant, except in exigent circumstances

Use of a Stingray is a “search” and requires a warrant. The court notes the differing approaches of the courts, but this court has already weighed in in favor of the citizen. “Accordingly, the court determines that a warrant was … Continue reading

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The Hill: Verizon reports spike in government requests for cell ‘tower dumps’

The Hill: Verizon reports spike in government requests for cell ‘tower dumps’ by Katie Bo Williams Government requests for the mass disclosure of every caller who connected to a particular cellphone tower have spiked during the first half of 2017, … Continue reading

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W.D.Pa.: CSLI warrant based on CI’s statement was with PC

The CSLI warrant here was based on probable cause from a CI. “In sum, the Affidavit was not required to contain a statement regarding the confidential informant’s reliability and its absence is not dispositive of the reliability determination or the … Continue reading

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C.D.Cal.: Even if Carpenter reverses, Davis GFE will apply to searches occurring before

Even though CSLI is before SCOTUS in Carpenter, this court had sustained seizure of CSLI before, so, even if Carpenter reverses, the Davis good faith exception will sustain this seizure. United States v. Brown, 2017 U.S. Dist. LEXIS 126504 (C.D. … Continue reading

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