Category Archives: Cell site location information

D.D.C.: Knotted plastic bag of drugs in waistband was in plain view

Defendant was stopped for a traffic offense, and his tinted windows were way too dark and the officer couldn’t see inside. Defendant was told to lower the window, and he did. The officer could immediately see a knotted plastic bag … Continue reading

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CA6: No successor 2255 for Carpenter

Petitioner seeks a 2255 successor habeas petition based on Carpenter. It’s denied because: It’s not newly discovered, and it wouldn’t even apply because of the good faith exception. In re Gipson, 2019 U.S. App. LEXIS 4457 (6th Cir. Feb. 14, … Continue reading

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WA: Breath test was valid as search incident

A breath test conducted under the implied consent law is a valid search incident to arrest. The state constitution does not impose a higher standard. State v. Nelson, 2019 Wash. App. LEXIS 354 (Feb. 14, 2019). Defendant didn’t raise a … Continue reading

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D.D.C.: Protective order issued to keep def from seeing body camera videos in discovery

There were several body camera videos relating to this case as well as the search and seizure. The issue here is the scope of a protective order to keep defendant from seeing. The government met its burden of showing good … Continue reading

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CA7: Exclusionary rule does not apply to revocation of federal supervised release

The exclusionary rule does not apply to revocation of federal supervised release, applying Pennsylvania Board of Probation and Parole v. Scott, 524 U.S. 357 (1998). United States v. Phillips, 2019 U.S. App. LEXIS 2799 (7th Cir. Jan. 28, 2019). CSLI … Continue reading

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W.D.Ky.: Cell phone pings before controlled buys provided nexus to search house

Defendant’s going directly home after several controlled buys as shown by cell phone pings was sufficient to show nexus to his home for a search warrant for drugs. “Probable cause exists in this case because of the continual and ongoing … Continue reading

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IN: Exigency permitted real time pinging of def’s cell phone

(1) There were exigent circumstances for pinging defendant’s cell phone based on exigent circumstances as recognized by state statute, and this is implicitly recognized by Carpenter. (2) Failure to file the search warrant papers within 72 hours as required by … Continue reading

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E.D.Mich.: Def can’t use 2255 IAC claim to undo 2015 CSLI

Defendant filed a 2255 to set aside his conviction under Carpenter because the government in 2015 used CSLI to aid in his conviction. Defense counsel wasn’t ineffective for not pursuing what he claims is the trial court’s hint to challenge … Continue reading

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The Champion: Building on Carpenter: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider

The Champion: Building on Carpenter: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider by Michael Price and Bill Wolf (NACDL, Dec. 2018) at 20-25: The implications of the Supreme Court’s decision in Carpenter v. United States are just … Continue reading

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D.N.M.: Passenger’s conduct and answers during traffic stop provided RS

The passenger’s conduct here showed reasonable suspicion to continue the stop. United States v. Torres, 2019 U.S. Dist. LEXIS 10590 (D. N.M. Jan. 23, 2019). The government obtained CSLI in 2015 for 57 days of defendants’ cell phones, and the … Continue reading

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E.D.N.C.: SW for data off phone isn’t governed by Carpenter

Where the search warrant sought information off defendant’s telephone, Carpenter is not implicated. It was also pre-Carpenter. There was also an order for CSLI in 2015, and that was not barred by Carpenter. United States v. Evans, 2018 U.S. Dist. … Continue reading

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NE: GFE applied to CSLI obtained two years before Carpenter

Defendant’s CSLI was obtained two years before Carpenter with an order under the Stored Communications Act to connect him to a murder. Carpenter was decided while on appeal. The court follows every other case on the issue and applies the … Continue reading

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