Category Archives: Cell site location information

OH11: Pre-Carpenter CSLI was lawfully obtained in good faith

Defendant’s cell tower location information was obtained by subpoena before Carpenter. The good faith exception means it won’t be excluded. State v. Burke, 2019-Ohio-1951, 2019 Ohio App. LEXIS 2021 (11th Dist. May 20, 2019). Defense counsel wasn’t ineffective for withdrawing … Continue reading

Posted in Cell site location information, Consent, Ineffective assistance | Comments Off on OH11: Pre-Carpenter CSLI was lawfully obtained in good faith

M.D.Fla.: CSLI order 3½ months before Carpenter was valid under GFE; officers not expected to know what SCOTUS will do

CSLI order issued 3½ months before Carpenter was valid under good faith exception. Officers were not expected to know what SCOTUS would do. United States v. Turner, 2019 U.S. Dist. LEXIS 81011 (M.D. Fla. May 14, 2019). The law supported … Continue reading

Posted in Cell site location information, Drug or alcohol testing, Good faith exception | Comments Off on M.D.Fla.: CSLI order 3½ months before Carpenter was valid under GFE; officers not expected to know what SCOTUS will do

W.D.N.Y.: Def had no REP in his passenger’s cell phone that was being tracked which incidentally tracked him

“Here, there is no evidence that Defendant had possession of, or any subjective privacy interest in, Mr. Daniels’ cell phone. Law enforcement did not observe Defendant using the tracked cell phone, and the cell phone was not registered to Defendant. … Continue reading

Posted in Cell phones, Cell site location information, Tracking warrant | Comments Off on W.D.N.Y.: Def had no REP in his passenger’s cell phone that was being tracked which incidentally tracked him

D.Minn.: Gov’t proved exigency for warrantless cell phone ping

Defendant’s cell phone was pinged based on exigency. Defendant claims that it was false. “However, the salient facts on which Sgt. O’Rourke based his request are clearly borne out by the evidence.” United States v. Andrews, 2019 U.S. Dist. LEXIS … Continue reading

Posted in Cell site location information, Particularity, Third Party Doctrine | Comments Off on D.Minn.: Gov’t proved exigency for warrantless cell phone ping

E.D.Va.: The potentially overbroad SW was narrowed by listing the crime under investigation

The search warrant was challenged as a general warrant, but the court finds that it specified the crime under investigation, and that limited it. “Although the specific electronics recovered were not part of [one] burglary, those devices were nevertheless well … Continue reading

Posted in Cell site location information, Good faith exception, Overbreadth, Particularity | Comments Off on E.D.Va.: The potentially overbroad SW was narrowed by listing the crime under investigation

Mac Rumors: FCC Questions U.S. Carriers on Phone Location Data Sales Practices

Mac Rumors: FCC Questions U.S. Carriers on Phone Location Data Sales Practices by Juli Clover:

Posted in Cell site location information | Comments Off on Mac Rumors: FCC Questions U.S. Carriers on Phone Location Data Sales Practices

MA: Two on CSLI standing

Defendant had standing to challenge CSLI used to track his car when he was a passenger and the driver was using his cell phone. Commonwealth v. Fredericq, 482 Mass. 70 (Apr. 24, 2019). Defendant did not have standing for a … Continue reading

Posted in Cell site location information, Standing | Comments Off on MA: Two on CSLI standing

MA: Pinging a cell phone is a search, but here it was with exigent circumstances

Pinging a cell phone to find its location was a search under the Massachusetts Constitution and Fourth Amendment, but it was reasonable because the state showed true exigent circumstances. Commonwealth v. Almonor, 482 Mass. 35 (Apr. 23, 2019). Washington declines … Continue reading

Posted in Cell phones, Cell site location information, Emergency / exigency, Seizure | Comments Off on MA: Pinging a cell phone is a search, but here it was with exigent circumstances

Law.com: ‘Carpenter’ Squared: Review and Reconcile State Court Cases Impacted by Landmark SCOTUS Decision

Law.com: ‘Carpenter’ Squared: Review and Reconcile State Court Cases Impacted by Landmark SCOTUS Decision by Peter A. Crusco In his Cyber Crime column, Peter A. Crusco writes: Now that the initial dust raised by ‘Carpenter’ has settled, it is illuminating … Continue reading

Posted in Cell site location information, Third Party Doctrine | Comments Off on Law.com: ‘Carpenter’ Squared: Review and Reconcile State Court Cases Impacted by Landmark SCOTUS Decision

WY: New facts after the stop not required if there was RS all along

New facts after the stop are not required to extend the stop, as long as there is reasonable suspicion with the stop. Brown v. State, 2019 WY 42, 2019 Wyo. LEXIS 44 (Apr. 19, 2019). Pre-Carpenter obtaining of CSLI was … Continue reading

Posted in Cell site location information, Good faith exception, Reasonable suspicion | Comments Off on WY: New facts after the stop not required if there was RS all along

E.D.Mo.: CLSI warrant obtained 3½ years before Carpenter was clearly with PC

The CLSI search warrant was obtained 3½ years before Carpenter, and assuming for the sake of argument that a warrant was required. It clearly showed probable cause to get the information. United States v. Johnson, 2019 U.S. Dist. LEXIS 65896 … Continue reading

Posted in Cell site location information, Reasonable suspicion | Comments Off on E.D.Mo.: CLSI warrant obtained 3½ years before Carpenter was clearly with PC

EFF: Google’s Sensorvault Can Tell Police Where You’ve Been [It’s essentially CSLI but held by Google]

EFF: Google’s Sensorvault Can Tell Police Where You’ve Been by Jennifer Lynch. It’s essentially CSLI but held by Google:

Posted in Cell phones, Cell site location information | Comments Off on EFF: Google’s Sensorvault Can Tell Police Where You’ve Been [It’s essentially CSLI but held by Google]