Category Archives: Cell site location information

Investor’s Business Daily: Betsy McCaughey: How Privacy Purists Are Helping Criminals [No they’re not and she doesn’t get how it all works.]

Investor’s Business Daily: Betsy McCaughey: How Privacy Purists Are Helping Criminals:

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Motherboard: The Supreme Court Phone Location Case Will Decide the Future of Privacy

Motherboard: The Supreme Court Phone Location Case Will Decide the Future of Privacy by Stephen Vladeck: Later this year, the Supreme Court will decide if police can track a person’s cell phone location without a warrant. It’s the most important … Continue reading

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More news on CSLI cert grant

MIT Technology Review: Warrantless Tracking of Cell Phone Location Data by the Police Could Get Harder EFF: Supreme Court Will Hear Significant Cell Phone Tracking Case techdirt: Supreme Court To Consider Fourth Amendment Implications Of Cell Site Location Info Digital … Continue reading

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CA6: Realtime cell phone GPS tracking of a fugitive for 7+ hours was not a “search”

Realtime cell phone GPS tracking of a fugitive for 7+ hours was not a “search” under the Fourth Amendment, following United States v. Skinner, 690 F.3d 772, 781 (6th Cir. 2012). United States v. Riley, 2017 U.S. App. LEXIS 9900 … Continue reading

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SCOTUS: cert granted in CSLI case; third-party doctrine to be revisited, but how will it turn out?

Carpenter v. United States, 16-402 (granted June 5, 2017) Issue: Whether the warrantless seizure and search of historical cell-phone records revealing the location and movements of a cell-phone user over the course of 127 days is permitted by the Fourth … Continue reading

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E.D.Va.: There is no higher nexus requirement involving cell phone data and tracking

There is no higher nexus requirement involving cell phones. A ping order of a cell phone may be used to collect “mere evidence,” rejecting United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013). United States v. Christian, … Continue reading

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WaPo: ‘The Volokh Conspiracy’ Blog: United States v. Wallace is a GPS case, not a cell-site case – here’s why it matters

WaPo: ‘The Volokh Conspiracy’ Blog: United States v. Wallace is a GPS case, not a cell-site case — here’s why it matters by Orin Kerr: Yesterday I wrote at length on United States v. Wallace, a new decision from the … Continue reading

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CA5: Prospective CSLI is a records request, and it is not subject to the Fourth Amendment

A court order for prospective cell site location information is a records request, and it is not subject to the Fourth Amendment. United States v. Wallace, 2017 U.S. App. LEXIS 8914 (5th Cir. May 22, 2017):

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OH5: Def without DL and not on rental agreement as authorized driver had no standing

Defendant never had a DL, and he was driving a rental car and wasn’t on the paperwork as an authorized driver, so the renter had no authority to let him drive. Therefore, he lacked standing. State v. Nicholson, 2017-Ohio-2825, 2017 … Continue reading

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BNA: Can You Hear Them Now? Robbers Ask SCOTUS for Phone Privacy

BNA: Can You Hear Them Now? Robbers Ask SCOTUS for Phone Privacy by Jordan S. Rubin: From Criminal Law Reporter

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