Category Archives: Cell site location information

OH2: CSLI raised first in appeal reply brief isn’t timely; harmless on this record anyway

Defendant never raised CSLI until his reply brief on appeal after Carpenter came down, and a reply brief is too late. Even if he could have preserved the issue, the evidence was overwhelming and harmless. State v. Kennedy, 2018-Ohio-4997, 2018 … Continue reading

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D.Minn.: Nine state CSLI warrants were issued with PC and were particular

Nine state search warrants were issued for CSLI to attempt to solve nine pharmacy robberies in March-June 2018. Aside from potential standing on questions on some warrants, the search warrants were issued with probable cause and they were particular. Finally, … Continue reading

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TX7: Carpenter applied retroactively where def preserved issue

Defendant raised a Carpenter CSLI issue pretrial, and he prevails. Carpenter held retroactive (despite citing Davis). Dixon v. State, 2018 Tex. App. LEXIS 10340 (Tex. App. – Amarillo Dec. 13, 2018):

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S.D.N.Y.: Failure to challenge CSLI before Carpenter wasn’t IAC

Defendant’s verdict was the day Carpenter was decided, and his defense lawyer hadn’t challenged the CSLI before that. Defense lawyers don’t have to forecast changes in the law. “ Even following Carpenter, the Second Circuit has declined to suppress cell … Continue reading

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D.Md.: Obtaining defendant’s CSLI six years before Carpenter was lawful; no 2255 relief

Obtaining defendant’s CSLI six years before Carpenter was lawful, and it doesn’t form a basis for relief now. Osiomwan v. United States, 2018 U.S. Dist. LEXIS 200033 (D. Md. Nov. 27, 2018).* Defendant’s statements to the police were voluntary despite … Continue reading

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FL4: Violating statute obtaining CSLI in 2001 suppressed, and no GFE

Police obtained defendant’s CSLI in 2001 by subpoena and without a court order contrary to statute. Defendant argued a search warrant was required. Then Carpenter was decided in 2018 requiring a warrant. The state violated the statute requiring a court … Continue reading

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ID: Affidavit for SW doesn’t have to be signed in judge’s presence

The search warrant was properly issued on affidavit. It didn’t have to be signed in the presence of the judge. An oral affidavit has to be, but this isn’t. State v. Hensley, 2018 Ida. App. LEXIS 49 (Nov. 16, 2018). … Continue reading

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S.D.Tex.: Carpenter applies to a 2015 CSLI application because the case is still pending

Carpenter applies to defendant’s CSLI because his case is still pending despite the fact the CSLI was obtained in 2015. Suppressed. United States v. Beverly, 2018 U.S. Dist. LEXIS 183539 (S.D. Tex. Oct. 26, 2018). Defense counsel wasn’t ineffective for … Continue reading

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N.D.Ind.: Govt showed emergency to locate serial robber by CSLI ping

Defendant is indicted for Hobbs Act robbery, and detectives believed he was in a string of robberies. They obtained ping information on the phone in an attempt to locate him before he committed another robbery. Exigency is shown by the … Continue reading

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CA10: In a Carpenter remand, court remands to Dist.Ct. instead of applying GFE

This case was GVR’d after Carpenter, and the court remands to the district court to make further findings. United States v. Thompson, 2018 U.S. App. LEXIS 29949 (10th Cir. Oct. 24, 2018). Defense counsel can’t be ineffective for not filing … Continue reading

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CA6: Seizure of cell phone under SW had to be within time prescribed but the actual off-site search can be later

The seizure of the cell phone was within the time prescribed in the search warrant, but the actual search of the phone didn’t occur until after the time prescribed. This did not violate the Fourth Amendment. Off-site analysis was expected … Continue reading

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CO: Once a dog alerts on a car, there is PC, and putting dog in car wasn’t unreasonable

Once a dog alerted on a car during a stop that was valid up to that time, putting the dog inside the car wasn’t unreasonable. The officers had probable cause at that point. People v. Bailey, 2018 CO 84 (Oct. … Continue reading

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