Category Archives: Cell site location information

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

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CA5: CSLI obtained prior to Carpenter was valid, and it didn’t taint CSLI obtained after Carpenter for backup

Defendant was suspected of being a serial bank robber in the Houston area, and the government obtain CSLI by an SCA § 2703(d) order without a showing of probable cause. Two months before trial, Carpenter was decided, and, that same … Continue reading

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D.D.C.: Collective knowledge doctrine doesn’t require that the officers actually share the information

The collective knowledge doctrine doesn’t require that the officers actually share the information. United States v. Devaugh, 2019 U.S. Dist. LEXIS 196059 (D.D.C. Nov. 12, 2019). The use of a “court ordered subpoena” apparently not issued on probable cause was … Continue reading

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WA: Cell phone ping was a search, but here it was reasonable because of exigency

A cell phone ping is a search under the Fourth Amendment and Washington Constitutions requiring a warrant. It was reasonable here, however, because of exigent circumstances because defendant was a suspect, and the police feared he’d fled. State v. Muhammad, … Continue reading

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E.D.Ky.: Govt didn’t exceed NCMEC’s private search

NCMEC was a private entity and not a government actor. The government didn’t exceed the private search. United States v. Kendall, 2019 U.S. Dist. LEXIS 192442 (E.D. Ky. Nov. 6, 2019). Defendant had no reasonable expectation of privacy in an … Continue reading

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OH8: Realtime CSLI was used only to locate def; nothing to suppress

Defendant was called by the police for an interview about a child molestation accusation, and he agreed to meet. He didn’t show. Then the police were concerned maybe he was fleeing and they sought realtime CSLI to locate him. “We … Continue reading

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IN: SW obtained off of lost drone video wasn’t stale when it was only about four days

A lady found a drone in her yard, and she was already concerned about people flying drones over her house. A computer memory card was in the drone. She looked at it, and called the police and turned it over. … Continue reading

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OH10: While Carpenter is a “new rule,” it’s not been applied in post-conviction proceedings

While Carpenter is a “new rule,” courts on post-conviction haven’t been applying it, and this court does not either. State v. Neil, 2019-Ohio-3793, 2019 Ohio App. LEXIS 3843 (10th Sept. 19, 2019):

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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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