Category Archives: Cell site location information

M.D.Pa.: Exigency permitted warrantless CSLI pings

Only the owner of a cell phone has standing to challenge tracking the phone with a Stingray. Warrantless pings to locate the phone were shown by the government to be based on exigent circumstances. United States v. Baker, 2021 U.S. … Continue reading

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OH7: Visitor to hotel room with no key or shown association to room had no standing

Defendant was a visitor to a hotel room and he had no standing to challenge its search. He had no key to the room and no luggage or other belongings, and he couldn’t show he was a guest of either … Continue reading

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NE: Time limited call and CSLI records were particular

The misstatements in the affidavit for the warrant here was negligence at worst, and that bars suppression. The affidavit for the warrant for defendant’s phone provided at least a “modicum” of information supporting probable cause. So, even assuming a lack … Continue reading

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D.Nev.: Use of cell site simulator to track another’s phone leading to def was reasonable

The government’s use of a cell site simulator to track another person’s cell phone didn’t infringe on defendant’s rights. United States v. Goldsby, 2021 U.S. Dist. LEXIS 160651 (D.Nev. Aug. 25, 2021). The court order (six years pre-Carpenter) showed probable … Continue reading

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OH3: No REP in discarded cigarette butt connecting def to cold case

Defendant waived any reasonable expectation of privacy in a cigarette butt he through away where the police found his DNA. It was used to solve a cold case of rape and attempted murder from 1993. State v. Bortree, 2021-Ohio-2873, 2021 … Continue reading

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W.D.Pa.: Verizon voluntarily providing CSLI was not a 4A violation

Verizon voluntarily providing CSLI when it found out a search warrant was coming was not a Fourth Amendment violation. [This would also be inevitable discovery.] United States v. Searcy, 2021 U.S. Dist. LEXIS 153522 (W.D.Pa. Aug. 16, 2021). None of … Continue reading

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CA8: Handcuffing for two minutes was not an unreasonable seizure when based on furtive movements

Plaintiffs’ handcuffing for two minutes because of furtive movements was reasonable. “Based on the totality of the circumstances, we conclude that the investigative detention did not become an arrest here because Officer Marzolf only used handcuffs briefly (under two minutes) … Continue reading

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N.D.Ill.: Corroborated anonymous 911 call about street corner drug dealing was RS

An anonymous 911 call about drug dealing at a Chicago intersection corroborated by officers’ observations was reasonable suspicion under Navarette. The caller also said she’d be calling back and 911 captured the number. There was little risk the caller couldn’t … Continue reading

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M.D.Pa.: CSLI tracking by state court order was reasonable under federal law despite alleged state law violation

Defendant’s cell phone location information search was reasonable and constitutional under federal law despite an alleged violation of state law. United States v. Coles, 2021 U.S. Dist. LEXIS 143548 (M.D.Pa. Aug. 2, 2021). There was probable cause for the search … Continue reading

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CA7: Officers complied with law in getting CSLI by exigency; Carpenter came two months after trial

Defendant was the subject of exigency based efforts to get his CSLI because he was actively being pursued as involved in a 2013 burglary investigation scoring 25 firearms. The CSLI request complied with the law at the time. Carpenter was … Continue reading

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D.Kan.: Seizure without RS led to abandonment; suppression granted

Defendant was seized without reasonable suspicion when an officer acting on an informant’s tip approached him with hand on gun telling defendant to raise his hands. Seconds later, he fled, dropping the gun. The court finds an unreasonable seizure precipitated … Continue reading

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S.D.Ind. & E.D.La.: New crime during arrest not suppressed

Even crediting defendant’s version of events, the exclusionary rule would not be applied to the video of defendant’s violent resistance during his arrest. United States v. Hill, 2021 U.S. Dist. LEXIS 111803 (S.D. Ind. June 14, 2021). Defendant’s new crime … Continue reading

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VA: “[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.”

“[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.” Moreno v. Commonwealth, 2021 Va. App. LEXIS 91 (June 15, 2021). The community caretaking exception did not justify officers’ opening … Continue reading

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N.D.Ohio: Def’s suppression motion loss precludes his § 1983 case on same issue

Plaintiff’s civil rights complaint that OnStar allegedly illegally tracked his vehicle was already decided against him in his criminal case. The issue is precluded here. Lenhart v. Savetski, 2021 U.S. Dist. LEXIS 109462 (N.D. Ohio June 11, 2021). The collection … Continue reading

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CA6: Social workers subject to 4A, but these get QI

Social workers are subject to the Fourth Amendment. Here, they used a court order to enter plaintiff’s home. The order wasn’t clear on what information that brought it about or that it was particular. Nevertheless, the social workers get qualified … Continue reading

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MA: Where state CSLI rule was retroactive, obtaining def’s here was harmless error

Defendant’s CSLI was obtained in 2011 in violation of the state constitution [well before Carpenter and state cases]. It is retroactive in this state. But, all things considered, it was harmless byond a reasonable doubt. Commonwealth v. Gumkowski, 2021 Mass. … Continue reading

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D.Kan.: Stop and detention wasn’t unreasonable, at least in part, because the officer was maskless.

The stop and search of defendant’s person was not constitutionally unreasonable, including the fact the officer wasn’t wearing a mask. United States v. Wright, 2021 U.S. Dist. LEXIS 83603 (D. Kan. Apr. 30, 2021). Defendant’s submissions in this excessive force … Continue reading

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CA6: What is sufficient probable cause for a CSLI or tracking warrant?

What is sufficient probable cause for a CSLI or tracking warrant? “After a lengthy investigation, the federal government uncovered substantial evidence that Dwayne Sheckles was a Louisville distributor for a large drug-trafficking ring. Sheckles pleaded guilty but reserved the right … Continue reading

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CA4: Trash container in open at curb was not on curtilage under Dunn factors

Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading

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CA7: Pre-Carpenter real time CSLI tracking def on streets to locate him before he committed another robbery was not unreasonable

The fact officers had probable cause to arrest is considered in determining good faith. In addition, “To conclude, we hold that Detective Ghiringhelli did not conduct a Fourth Amendment ‘search’ by requesting the real-time CSLI of a suspect for multiple … Continue reading

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