Category Archives: Cell site location information

TN: Carpenter argument defaulted for lack of a good record

A Carpenter CSLI plain error argument isn’t reached because of deficiencies in the record brought up. State v. Avant, 2019 Tenn. Crim. App. LEXIS 415 (July 15, 2019)*:

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D.R.I.: CSLI warrant lacked PC and GFE not applied

In what may be a first, the District of Rhode Island suppresses both CSLI and an apartment search warrant for lack of probable cause and then declines to apply the good faith exception. United States v. Ramos, 2019 U.S. Dist. … Continue reading

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CA11: Carpenter not retroactive for a successor habeas

Carpenter not retroactive for a successor habeas. In re Symonette, 2019 U.S. App. LEXIS 20428 (11th Cir. July 9, 2019):

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PA applies Carpenter to 2015 CSLI search because no state case dealt with issue until after; applies to realtime CSLI, too

Defendant filed a motion to suppress CSLI from 2015 before Carpenter was even decided. Because no state case held that CSLI was not a search or the good faith exception applied and there were, in fact, cases holding that CSLI … Continue reading

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IL: Carpenter applies to CSLI search five years before it was decided because there was no binding precedent to contrary

Carpenter is applied to CSLI information obtained five years before it was decided. There was no binding precedent in Illinois or the Seventh Circuit, and the question was even avoided. People v. Strickland, 2019 IL App (1st) 16-1098, 2019 Ill. … Continue reading

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MA: Actual knowledge def had cell phone on him isn’t required for CSLI warrant

For CSLI, direct evidence that defendant had a cell phone on him is not constitutionally required under Carpenter or any other case. The content of communications aren’t sought – just the fact of where the phone has been. Commonwealth v. … Continue reading

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ACLU blog: The Supreme Court’s Most Consequential Ruling for Privacy in the Digital Age, One Year In

ACLU blog: The Supreme Court’s Most Consequential Ruling for Privacy in the Digital Age, One Year In by Nathan Freed Wessler

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D.Minn.: A court order doesn’t have to be called a “search warrant” to be one; CSLI order issued with PC

The CSLI order in this case was based on probable cause. It didn’t say “search warrant,” but it doesn’t have to to be one. In any event, the good faith exception was satisfied. United States v. Stachowiak, 2019 U.S. Dist. … Continue reading

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ME: No standing in co-conspirator’s CSLI even when they were tracked together

Defendant lacked standing to contest the CSLI acquisition of his co-conspirator’s cell phone when the police were looking for both. The same rule applies to his Fourth Amendment claim and his claim under Maine’s Electronic Device Location Information Act. State … Continue reading

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N.D.Ala.: Protective sweep of nearby shed on def’s arrest in wooded area valid

Defendant was arrested in an open wooded area, and the protective sweep of a shed near him was valid. United States v. Flanagan, 2019 U.S. Dist. LEXIS 100047 (N.D. Ala. May 29, 2019), adopted, 2019 U.S. Dist. LEXIS 99228 (N.D. … Continue reading

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DE: Def was subjected to a warrantless CSLI search in 2016, and Carpenter came before judgment was entered; CSLI was harmless BRD here

Defendant was the subject of a CSLI order issued without probable cause in 2016 to connect him to a murder. Carpenter was issued before he was sentenced and thus applies to his case. [Without even discussing the good faith exception … Continue reading

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CA6 applies GFE to Carpenter on remand, and he still loses

The SCA was the law prior to Carpenter, so the good faith exception applies. From the date of Carpenter, the Fourth Amendment applies: “Carpenter II confirmed that the SCA does not immunize a government officer’s collection of CSLI from the … Continue reading

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