Category Archives: Cell site location information

WaPo: 9th Circuit oral argument on historical cell-site information

WaPo: 9th Circuit oral argument on historical cell-site information by Orin Kerr: Several federal circuits have ruled that there is no Fourth Amendment reasonable expectation of privacy in historical cell-site location information. The 9th Circuit held argument on the question … Continue reading

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S.D.N.Y.: Sporadic user of cell phone had no standing; gathering provider information not a “search”

Defendant moved to suppress the cell phone data from a phone he sporadically used during a conspiracy, but he has no standing. The date was 334 days worth, and his use was occasional. This is no different that a sporadic … Continue reading

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CA6: CSLI by court order was valid; lengthy pole camera observation of publicly seen areas reasonable

Lengthy CSLI was obtained by a cell site simulator but with a court order. Pleading the pen register statute is no help to the defense because there is no exclusionary remedy. Pre-Jones GPS tracking was valid under Davis. Finally, lengthy … Continue reading

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BuzzFeed: Gorsuch Might Play Key Role In Cellphone Privacy Issues If Confirmed To The Supreme Court

BuzzFeed: Gorsuch Might Play Key Role In Cellphone Privacy Issues If Confirmed To The Supreme Court by Hamza Shaban: The Court is likely to consider cellphone location data, encryption, and other privacy issues in the coming years.

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N.D.Ill.: While merely being close to another for whom there is reason to frisk or arrest is not PC, here there actually was PC

The FBI had more than reasonable suspicion based on mere propinquity to others. There were specific facts involving defendant that rose to reasonable suspicion. United States v. Amaya, 2016 U.S. Dist. LEXIS 174615 (N.D.Ill. Dec. 16, 2016).* Defendant’s cell site … Continue reading

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NYLJ: The Constitutionality of Using Cell-Site Simulators

NYLJ: The Constitutionality of Using Cell-Site Simulators by Richard Raysman & Peter Brown:

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CA2: Child prostitution exigency for warrantless cell phone ping

Defendant’s phone was pinged at the request of law enforcement to find him after they developed strong reason to believe he took a 16 year old girl from Maryland to NYC to work her as a prostitute. This type of … Continue reading

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E.D.N.C.: CSLI warrant didn’t show PC on informant information or timeliness; GFE did not apply

The prospective CSLI warrant failed to show probable cause on the facts of informant hearsay or overcome staleness, and the motion to suppress is granted. (Also, the owner of a cell phone has standing to challenge GPS tracking of his … Continue reading

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E.D.Pa.: CSLI warrant upheld

CSLI warrant upheld: “ The cell site data obtained by the government is admissible because the government’s actions did not constitute a ‘search’ falling under the protection of the Fourth Amendment. Even if the government had violated the Fourth Amendment, … Continue reading

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Cato: Communications and Data Meet the Fourth Amendment

Cell site location information at SCOTUS Cato: Communications and Data Meet the Fourth Amendment by Jim Harper: This week and last, the Cato Institute filed amicus briefs urging the Supreme Court to take up two cases dealing with the constitutional … Continue reading

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