Category Archives: Cell site location information

S.D.N.Y.: No standing to complain of CSLI for somebody else’s phone

Defendants have no standing to challenge the seizure of CSLI on telephone numbers they don’t complain are theirs. United States v. Pizarro, 2018 U.S. Dist. LEXIS 60539 (S.D. N.Y. Apr. 10, 2018).* Police seizure of an SD card was by … Continue reading

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Just Security: Opinion: Congress Should Place More Limits on Cellphone Location Tracking After Carpenter

Just Security: Opinion: Congress Should Place More Limits on Cellphone Location Tracking After Carpenter by by Jake Laperruque:

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CA5: GFE applies to Texas DPS officers accessing E911 data to locate his phone with a court order (third opinion in case)

The good faith exception applies to Texas DPS officers accessing E911 data to locate his phone with a court order. [This is the third opinion in the case, and rehearing en banc was denied on a 7-8 vote.] United States … Continue reading

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U.S. News & World Report: AP Explains: How a Phone May Have Steered Hunt for Bomber

U.S. News & World Report: AP Explains: How a Phone May Have Steered Hunt for Bomber by Michael Liedtke:

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TechCrunch: Report: Police are now asking Google for data about all mobile devices close to certain crimes

TechCrunch: Report: Police are now asking Google for data about all mobile devices close to certain crimes by Connie Loizos:

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MA: CSLI warrant based on unsupported hearsay suppressed

The 2008 CSLI warrant here was based on a “conclusory statement” of witness statements being credible and “bereft of the factual details required to establish probable cause.” It had to be suppressed. (Based on Fourth Amendment and state constitution.) Commonwealth … Continue reading

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MN: Shoplifter placed stuff in her purse, and that made it subject to search incident

Defendant was observed shoplifting and put the allegedly stolen item into her purse. Outside, a struggle ensued, and defendant handed her purse off to another. It was subject to search incident because it was evidence [and an instrumentality] of the … Continue reading

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WSJ: Your Location Data Is Being Sold-Often Without Your Knowledge

WSJ: Your Location Data Is Being Sold-Often Without Your Knowledge by Christopher Mimms: You are giving away more data about your location than you probably realize through the apps in your smartphone-and that data is being sold, often without your … Continue reading

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NE: Even if OnStar produced information the same day before the SW actually issued, inevitable discovery applies

Defendant claimed that the police obtained his OnStar information just before the search warrant for it issued. While that’s not conceded, it doesn’t matter because the search warrant was issued and the information retrieved the same day. Inevitable discovery applies, … Continue reading

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NY4: CSLI obtained by exigency mere third party information not subject to suppression

Police discovered defendant may have been involved in a quadruple homicide, and they submitted an exigent circumstances request for his CSLI for the four days around the homicide, and that put him there. His motion to suppress the CSLI was … Continue reading

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NY4: Pinging cell phone was harmless error even if a warrant was required

The pinging of defendant’s cell phone to find him was without a warrant. If it was constitutional error, it was harmless beyond a reasonable doubt. People v. Moorer, 2018 NY Slip Op 00754, 2018 N.Y. App. Div. LEXIS 697 (4th … Continue reading

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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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