Category Archives: Cell site location information

NY Kings Co.: Claim def was Stingrayed was speculative; hearing to be set on CSLI

The same cell phone was used to set up three Craigslist robberies. Defendant’s claim that a cell site simulator was used to track his number is speculative at best and is rejected. He gets a hearing, however, on whether the … Continue reading

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D.Md.: A SW for cell phone data going to Verizon in FL was within the court’s jurisdiction

Where the crime under investigation is in this district, it doesn’t matter that the search warrant for geolocation data from defendant’s cell phone is located in another district. The government can still get it by search warrant under Rule 41(b) … Continue reading

Posted in Cell site location information, F.R.Crim.P. 41, Warrant execution | Comments Off

Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)

Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess) by Orin Kerr:

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NY4 declines to extend state const. and warrant requirement to CSLI

The state used CSLI and cell records on less than probable cause to connect defendant to a robbery victim. These are business records, and the court declines to extend a higher state constitutional standard to CSLI but recognizing that other … Continue reading

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NYLJ: ‘Carpenter’ and ‘Weaver’: Strange Bedfellows?

NYLJ: ‘Carpenter’ and ‘Weaver’: Strange Bedfellows? Cyber Crime columnist Peter A. Crusco analyzes the issues raised in ‘Carpenter’ and compares them with those in ‘Weaver’ to shed new light on this evolving and often confusing area of privacy, third-party digital … Continue reading

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E.D.Va.: Circuit authority doesn’t require SW for CSLI, so there’s no point in waiting for Carpenter

CSLI without a search warrant is permitted under the law of this circuit, so there’s no point in waiting for Carpenter to be decided. [Without explicitly saying it, Davis good faith exception will apply.] United States v. Simmons, 2017 U.S. … Continue reading

Posted in Burden of proof, Cell site location information, Good faith exception | Comments Off

WaPo: The Supreme Court’s privacy case shows Congress needs to draw new lines

WaPo: The Supreme Court’s privacy case shows Congress needs to draw new lines:

Posted in Cell site location information, Third Party Doctrine | Comments Off

CA6: Turning off dashcam when drug dog arrived “concerning” but not fatal to the dog sniff

CSLI was obtained by a warrant with probable cause defendant was involved in drug dealing, and that’s nexus between the cell phone and the crime. When the car was stopped, there was at least reasonable suspicion and the stop was … Continue reading

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E.D.La.: Drive-by shooting led to emergency ping order which led to valid protective sweep

“Defendant lacks standing to challenge the sweep of Ms. Wells’ home. At best, Defendant was a frequent visitor to the home where he babysat children and worked on cars in the yard. Those limited connections to the home are insufficient … Continue reading

Posted in Cell site location information, Emergency / exigency, Protective sweep | Comments Off

The Atlantic: A Liberal-Conservative Alliance on the Supreme Court Against Digital Surveillance

The Atlantic: A Liberal-Conservative Alliance on the Supreme Court Against Digital Surveillance Jeffrey Rosen: Justices found common ground in asserting the relevance of the Fourth Amendment in the electronic age, even as they cited sharply different rationales.

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The Hill: It’s too easy for the government to invade privacy in name of security

The Hill: It’s too easy for the government to invade privacy in name of security by Jonathan Turley:

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NYTimes: Justices Seem Ready to Boost Protection of Digital Privacy

NYTimes: Justices Seem Ready to Boost Protection of Digital Privacy by Adam Liptak:

Posted in Cell site location information, SCOTUS, Surveillance technology | Comments Off