Category Archives: Cell site location information

NY: SW for premises did not include vehicle parked there for which separate PC wasn’t shown

Defendant was long under surveillance for drug deals, and a search warrant was obtained for his person and premises. It did not include his vehicles. The search authorization did not encompass his vehicle on the premises outside the house, and … Continue reading

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GA: CSLI lawfully obtained in 2013 was subject to GFE

The acquisition of defendant’s CSLI in 2013 followed law at the time and was reasonable, and the good faith exception applied. Carpenter came four years after the trial. Lofton v. State, 2021 Ga. LEXIS 28 (Feb. 15, 2021). The officers … Continue reading

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Pre-Carpenter CSLI was in good faith

The CSLI order here pre-dated Carpenter, and it was based on probable cause. Since Carpenter wasn’t retroactive, the motion to suppress is denied. United States v. Stamat, 2021 U.S. Dist. LEXIS 14268 (D.Minn. Jan. 26, 2021).* Defendant’s CSLI was obtained … Continue reading

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Geofence warrants can be used to identify those who invaded the Capitol, not to mention Facebook warrants

The government’s prior use of geofence warrants were a prelude to this: With the invasion of the Capitol on Wednesday, the government now can attempt to locate all the cell phones inside the Capitol to identify those to potentially charge. … Continue reading

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CA11: Not IAC to not challenge recording jail calls

Defense counsel wasn’t ineffective for not challenging recording jail calls [actually stated as a 2254(d) failure]. Garcia v. Sec’y, 2021 U.S. App. LEXIS 314 (11th Cir. Jan. 6, 2021).* The CSLI warrant was particular and not a general warrant, and … Continue reading

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Arstechnica: CBP’s warrantless use of cell phone location data is under investigation

Arstechnica: CBP’s warrantless use of cell phone location data is under investigation by Jon Brodkin (“Inspector general audits purchases of data that would otherwise require warrants.”)

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MA: Obtaining CSLI by SW in 2014 was independent source against 2010 obtaining by request (and Carpenter was 2018)

The state obtained defendant’s CSLI without a showing of probable cause in 2010. In 2014, they sought it again with a search warrant. Carpenter came in 2018. The independent source doctrine applied in the 2014 search, and defense counsel wasn’t … Continue reading

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WV: Officer’s subjective belief in his ability to arrest DUIs statewide was unreasonable under Heien

“However, Heien does offer some insight into the type of ‘mistake’ which may provide relief-the area upon which the circuit court below focused. The Court concluded that ‘[t]he Fourth Amendment tolerates only reasonable mistakes, and those mistakes-whether of fact or … Continue reading

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CA5: No standing or REP in the CSLI of another

Defendant didn’t have a reasonable expectation of privacy (standing) in the movements of a cell phone of another. Still, it was with a warrant, and there is no defect in the warrant process. United States v. Beaudion, 2020 U.S. App. … Continue reading

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OH12: Drug dog’s alert to residual odor of drugs is not a lack of PC

A drug dog’s alert to the residual odor of drugs isn’t a lack of probable cause. “Accordingly, the fact that Mox [the drug dog] could have alerted to a residual odor of drugs does not mean that there was not … Continue reading

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AZ: CSLI order here in 2014 wasn’t a “warrant” but it complies with GFE

Also in a death penalty case, defendant’s CSLI was obtained by court order four years before Carpenter. The court finds that, while it wouldn’t treat the “order” as the functional equivalent of a search warrant [“reasonable grounds” wasn’t probable cause; … Continue reading

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MA: SW for CSLI for too much time was severable

The search warrant for too many hours of CSLI was overbroad: “The collection of extended CSLI data raises significant constitutional concerns.” Three hours is all that could be shown was necessary. The overbroad part, however, could be severed, and suppression … Continue reading

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PA: CSLI warrant was particular with phone number and time, without name of owner

CSLI warrant was particular when it described the phone number and time period and didn’t have to name the phone owner. Commonwealth v. Davis, 2020 Pa. Super. LEXIS 885 (Oct. 23, 2020). The officer spent a week corroborating the CI, … Continue reading

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GA: Search incident to arrest without PC is suppressed

The trial court did not apply the beyond a reasonable doubt standard to the search, contrary to the state’s argument. It did apply the preponderance standard, and the record supports its finding that the state failed to show probable cause … Continue reading

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N.D.Cal.: Officer doesn’t need RS before contacting def with a suspicionless search waiver

Defendant had a suspicionless parole search waiver, and the officer doesn’t even need cause for the encounter. United States v. Jackson, 2020 U.S. Dist. LEXIS 189471 (N.D. Cal. Oct. 13, 2020). The affidavit for the search warrant of defendant’s tax … Continue reading

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Vice: Motherboard: The IRS Is Being Investigated for Using Location Data Without a Warrant

Vice: Motherboard: The IRS Is Being Investigated for Using Location Data Without a Warrant (“The IRS used smartphone location data from a contractor to try and track Americans without a warrant.”)

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