Category Archives: Cell site location information

AZ: Ex parte order in 2013 for CSLI showed PC and was constitutionally sufficient and it would be served in NJ

An ex parte court order for CSLI five years before Carpenter, and probable cause was shown. It was the functional equivalent of a search warrant. It also could be served on T-Mobile in New Jersey. State v. Conner, 2020 Ariz. … Continue reading

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N.D.Ind.: Def’s claim the warrant for his Facebook account is akin to Carpenter and CSLI fails as completely speculative and an admitted “guess”

United States v. Cox, 2020 U.S. Dist. LEXIS 97326 (N.D. Ind. June 3, 2020):

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CA10: Admission of CSLI evidence requires a witness for confrontation purposes

CSLI information obtained by warrant still requires a witness to explain them for confrontation purposes. State v. Lawson, 2020-Ohio-3004, 2020 Ohio App. LEXIS 1952 (10th Dist. May 19, 2020). Defense counsel wasn’t ineffective for not moving to suppress CSLI three … Continue reading

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NE: Indicia linking def to premises searched could be subject of SW; affidavit didn’t need a detailed explanation of CODIS for magistrate

Obtaining defendant’s CSLI in February 2017, 16 months before Carpenter, was in good faith and reasonable. That information could thus be used in an affidavit for search warrant for his house because probable cause was otherwise shown for it. Also, … Continue reading

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CA5: 4 questions in 35 seconds at immigration checkpoint were reasonable

Four questions in 35 seconds at an immigration checkpoint were reasonable and for immigration purposes, not general crime control. United States v. Avery, 2020 U.S. App. LEXIS 15034 (5th Cir. May 11, 2020). A random LPN check showed the owner’s … Continue reading

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NY3: Even if CSLI was wrongly obtained, it was harmless error

Assuming, without deciding, that obtaining defendant’s CSLI in a knife attack case was unreasonable, it was harmless error on this record. Plenty of other evidence connected him. People v. Perez, 2020 NY Slip Op 02684, 2020 N.Y. App. Div. LEXIS … Continue reading

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MO: Search incident of a McDonald’s sack in a car for shoplifting a sweatshirt was unreasonable

Defendant was stopped in a shopping center parking lot for suspicion of shoplifting a sweatshirt. He consented to a frisk of his person and car, and nothing was found. Another officer arrived, and he was de facto arrested. A search … Continue reading

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D.Colo.: DEA subpoena for records of two pharmacies is enforced

The DEA’s subpoena to the Board of Pharmacy for controlled substances prescriptions for two pharmacies was reasonable and within the DEA’s jurisdiction. It is enforced. United States DOJ v. Colorado Bd. of Pharmacy, 2020 U.S. Dist. LEXIS 69726 (D. Colo. … Continue reading

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E.D.N.C.: Excellent discussion of staleness in a CSLI application

The 2017 orders for real time CSLI didn’t satisfy the timeliness requirement for probable cause, and they would be stale. However, back then, the circuit hadn’t approached the holding in Carpenter at all, and the good faith exception would be … Continue reading

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CA8: SW to seize a car implicitly includes seizing the keys to it

A search warrant to seize a car implicitly includes seizing the keys to it. “Thiel also maintains that Baker and Minor went too far in executing the second warrant when they seized antique handguns, handguns in unopened boxes, and gun … Continue reading

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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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