Category Archives: Cell site location information

CA5: Statute of limitations for malicious prosecution starts at acquittal

“As should be apparent, Winfrey controls. Since Fusilier is challenging ‘an unlawful [detention] pursuant to a warrant’ that the defendants caused to be issued because of ‘misstatements,’ Fusilier’s claim best fits with a malicious prosecution analogy. Winfrey, 901 F.3d at … Continue reading

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Law.com: Understanding the Privacy Implications of Digital Technology

Law.com: Understanding the Privacy Implications of Digital Technology by Leonard Deutchman (“In this month’s article, we will examine the Superior Court’s reasoning in Dunkins and compare it to the U.S. Supreme Court’s reasoning in Carpenter. As with so many Fourth … Continue reading

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NJ: GSR subject to search incident

Swabbing defendant’s hands for GSR at the police station shortly after arrest was valid as a search incident. The detectives called the assistant state’s attorney on duty, and he advised that they didn’t need a warrant because of the ready … Continue reading

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CA2: Eyewitness report and identification of ptf was probable cause for arrest

Eyewitness report and identification was probable cause for arrest, so summary judgment was proper for the officer. Tortora v. City of New York, 2020 U.S. App. LEXIS 8135 (2d Cir. Mar. 12, 2020).* The court credits the officers’ testimony that … Continue reading

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WaPo: U.S. government, tech industry discussing ways to use smartphone location data to combat coronavirus

WaPo: U.S. government, tech industry discussing ways to use smartphone location data to combat coronavirus by Tony Romm, Elizabeth Dwoskin, and Craig Timberg (“The U.S. government is in active talks with Facebook, Google and a wide array of tech companies … Continue reading

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techdirt: Florida PD’s Reverse Warrant Leads To Innocent Man Being Targeted In A Robbery Investigation

techdirt: Florida PD’s Reverse Warrant Leads To Innocent Man Being Targeted In A Robbery Investigation by Tim Cushing (“Cops are using reverse warrants with increasing frequency, inverting the usual investigation process by demanding info about everyone in a certain area … Continue reading

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Vice: COVID-19 Could Provide Cover for Domestic Surveillance Expansion

Vice: COVID-19 Could Provide Cover for Domestic Surveillance Expansion by Karl Bode (“The use of location data to help track and manage the pandemic should come with meaningful safeguards and expiration dates, privacy experts say.”)

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Vox: Reset Podcast: When your phone links you to a crime

Vox: Reset Podcast: When your phone links you to a crime  produced by Recode and Stitcher (“Every story is a tech story. We live in a world where algorithms drive our interests, scientists are re-engineering our food supply, and a … Continue reading

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TX: CSLI for 23 days in 2012 without any possible showing of PC or exigency was unreasonable

CSLI for 23 days in 2012 without any possible showing of probable cause or exigency was unreasonable under the Texas Constitution as well as the Fourth Amendment. Remanded for harmless error analysis. Holder v. State, 2020 Tex. Crim. App. LEXIS … Continue reading

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OK: Two hours of CSLI in 2012 not excluded

Two hours of CSLI in 2012 to connect defendant to a capital murder was not subject to the exclusionary rule. Carpenter n.3 in 2018 left open this situation. Fuston v. State, 2020 OK CR 4, 2020 Okla. Crim. App. LEXIS … Continue reading

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S.D.Ga.: There is no per se staleness, and how is DNA stale?

There is no per se staleness. A new warrant for defendant’s DNA alleging it was previously drawn in 2005 and 2007 and matched wasn’t stale. How does DNA change? It doesn’t. United States v. Williams, 2020 U.S. Dist. LEXIS 38735 … Continue reading

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W.D.Mo.: Furtive movement as car was stopping was RS

Defendant’s furtive movement as car stopped was reasonable suspicion. United States v. Young, 2020 U.S. Dist. LEXIS 21367 (W.D. Mo. Jan. 22, 2020). Comparing numbers from search warrant obtained text and call history and CSLI for defendant’s phone provided probable … Continue reading

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