Category Archives: Cell site location information

CA2: 2011 CSLI seizure by SCA order valid under GFE

Defendant was convicted of international parental kidnapping. CSLI was obtained in 2011 by an order under the SCA without probable cause. The good faith exception applies. United States v. Zodhiates, 2018 U.S. App. LEXIS 23278 (2d Cir. Aug. 21, 2018):

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LA2: CSLI obtained by SW before Carpenter: Observation

Court notes in passing in a final footnote that the CSLI here was obtained by warrant before Carpenter and it’s not an issue. State v. Lynn, 2018 La. App. LEXIS 1567 (La. App. 2 Cir. Aug. 15, 2018). Note: It’s … Continue reading

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CA11: CSLI order was based on six week old precedent from this court; Davis GFE applies

This court held six weeks before the government obtained its SCA order for defendant’s CSLI that was the legal way to do it. Therefore, the good faith exception applied. “Here, the Government complied with the requirements of the SCA in … Continue reading

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E.D.Ky.: Carpenter doesn’t apply to CSLI gathered 17 months before under GFE

In January 2017, defendant was in a car where the driver was arrested, and he was detained too. Calls were made from their cell phones to tell the codefendant’s father to “clean out” the house before a search warrant arrived. … Continue reading

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E.D.Mich.: Carpenter doesn’t apply where CSLI was obtained nearly a year before

The SCA request for CSLI was issued here nearly a year before Carpenter. The good faith exception applies, and there will be no exclusion. United States v. Williams, 2018 U.S. Dist. LEXIS 129639 (E.D. Mich. Aug. 2, 2018):

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N.D.Ill.: Cell phone SW in white collar case also for proof of perjury was a virtual computer search but it was still one issued on PC

In an investigation into job promotion and hiring fraud in the Cook County Circuit Clerk’s office, a cell phone search warrant was issued, and it was with probable cause. “Because the affidavit established probable cause to believe that Beena’s cell … Continue reading

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N.D.Ga.: Pre-Carpenter CSLI obtained without search warrant is admissible under GFE

Pre-Carpenter CSLI obtained without search warrant is admissible under Davis good faith exception. United States v. Hearst, 2018 U.S. Dist. LEXIS 126005 (N.D. Ga. July 3, 2018), adopted 2018 U.S. Dist. LEXIS 125791 (N.D. Ga. July 27, 2018). The search … Continue reading

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ND: No PC for shipped package, but there was for def’s house

Police lacked probable cause for the search warrant for a package defendant was shipping just because they suspected it contained cash for drugs. There were suspicions because of volunteered explanations when he was shipping it, but no probable cause and … Continue reading

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S.D.Ind.: CSLI search two years before Carpenter was valid under GFE

The Seventh Circuit held in dicta in 2014 that CSLI didn’t need a warrant. United States v. Thousand, 558 Fed. Appx. 666, 670 (7th Cir. 2014). The search here was two years before Carpenter. Davis good faith applies, and the … Continue reading

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Lawfare: When Does a Carpenter Search Start—and When Does It Stop?

Important, thoughtful piece: Lawfare: When Does a Carpenter Search Start—and When Does It Stop? by Orin Kerr:

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CA4: Carpenter didn’t apply under Davis GFE where circuit law didn’t require warrant before

Carpenter doesn’t apply under Davis good faith exception where circuit law didn’t require a warrant before. Besides, here it was harmless at best. United States v. Chavez, 2018 U.S. App. LEXIS 18022 (4th Cir. July 2, 2018):

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SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States

SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States, 2018 U.S. LEXIS 3844 (U.S. June 22, 2018) (5-4). Gorsuch “dissents,” but it reads like a concurrence, which parallels his questions at oral argument, and he agrees with Justice … Continue reading

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