Category Archives: Cell site location information

C.D.Cal.: Even if Carpenter reverses, Davis GFE will apply to searches occurring before

Even though CSLI is before SCOTUS in Carpenter, this court had sustained seizure of CSLI before, so, even if Carpenter reverses, the Davis good faith exception will sustain this seizure. United States v. Brown, 2017 U.S. Dist. LEXIS 126504 (C.D. … Continue reading

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Law360: Cell Location Searches Assailed In Raft Of High Court Briefs

Law360: Cell Location Searches Assailed In Raft Of High Court Briefs by Shayna Posses:

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Techdirt: ACLU Tells Court Long-Term Cell Site Location Tracking Should Require A Warrant

Techdirt: ACLU Tells Court Long-Term Cell Site Location Tracking Should Require A Warrant by Tim Cushing:

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Cato: To Apply the Fourth Amendment in the Digital Age, Go Back to Its Text

Cato: To Apply the Fourth Amendment in the Digital Age, Go Back to Its Text by Ilya Shapiro re Cato’s Carpenter amicus brief:

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CA10: CSLI is third-party information

Noting pendency of Carpenter, the Tenth Circuit finds CSLI third-party records and they are bound to apply the third-party doctrine. United States v. Thompson, 2017 U.S. App. LEXIS 14551 (10th Cir. Aug. 8, 2017). Defendant had a warrantless search condition … Continue reading

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M.D.Fla.: Probation condition doesn’t permit warrantless tracking of defendant’s cell phone as a matter of course. If he’s a fugitive, yes, by court order

Probation condition doesn’t permit warrantless tracking of defendant’s cell phone as a matter of course. When he’s a fugitive, however, it can be. United States v. Ponce, 2017 U.S. Dist. LEXIS 119550 (M.D. Fla. July 31, 2017):

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CA9: A valid parole search includes detaining the property long enough to search it

Defendant was on a parole search condition, and that included searching any property under his control and even detaining that property long enough to do it. United States v. Miller, 2017 U.S. App. LEXIS 14283 (9th Cir. Aug. 3, 2017). … Continue reading

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SCOTUSBlog: Symposium: Justices poised to consider, or reconsider, Fourth Amendment doctrines as they assess the scope of privacy in a digital age

SCOTUSBlog: Symposium: Justices poised to consider, or reconsider, Fourth Amendment doctrines as they assess the scope of privacy in a digital age by John Castellano, Asst. District Attorney of Queens County, New York

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SCOTUSBlog: Symposium: Will the Fourth Amendment protect 21st-century data? The court confronts the third-party doctrine

SCOTUSBlog: Symposium: Will the Fourth Amendment protect 21st-century data? The court confronts the third-party doctrine by Jennifer Lynch, EFF

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SCOTUSBlog: Symposium: A defense of the doctrine [Re Carpenter]

SCOTUSBlog: Symposium: A defense of the doctrine by David LaBahn, president and CEO of the Association of Prosecuting Attorneys (with links to other articles in the same vein):

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