Category Archives: Cell site location information

Cato: To Apply the Fourth Amendment in the Digital Age, Go Back to Its Text

Cato: To Apply the Fourth Amendment in the Digital Age, Go Back to Its Text by Ilya Shapiro re Cato’s Carpenter amicus brief:

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CA10: CSLI is third-party information

Noting pendency of Carpenter, the Tenth Circuit finds CSLI third-party records and they are bound to apply the third-party doctrine. United States v. Thompson, 2017 U.S. App. LEXIS 14551 (10th Cir. Aug. 8, 2017). Defendant had a warrantless search condition … Continue reading

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M.D.Fla.: Probation condition doesn’t permit warrantless tracking of defendant’s cell phone as a matter of course. If he’s a fugitive, yes, by court order

Probation condition doesn’t permit warrantless tracking of defendant’s cell phone as a matter of course. When he’s a fugitive, however, it can be. United States v. Ponce, 2017 U.S. Dist. LEXIS 119550 (M.D. Fla. July 31, 2017):

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CA9: A valid parole search includes detaining the property long enough to search it

Defendant was on a parole search condition, and that included searching any property under his control and even detaining that property long enough to do it. United States v. Miller, 2017 U.S. App. LEXIS 14283 (9th Cir. Aug. 3, 2017). … Continue reading

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SCOTUSBlog: Symposium: Justices poised to consider, or reconsider, Fourth Amendment doctrines as they assess the scope of privacy in a digital age

SCOTUSBlog: Symposium: Justices poised to consider, or reconsider, Fourth Amendment doctrines as they assess the scope of privacy in a digital age by John Castellano, Asst. District Attorney of Queens County, New York

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SCOTUSBlog: Symposium: Will the Fourth Amendment protect 21st-century data? The court confronts the third-party doctrine

SCOTUSBlog: Symposium: Will the Fourth Amendment protect 21st-century data? The court confronts the third-party doctrine by Jennifer Lynch, EFF

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SCOTUSBlog: Symposium: A defense of the doctrine [Re Carpenter]

SCOTUSBlog: Symposium: A defense of the doctrine by David LaBahn, president and CEO of the Association of Prosecuting Attorneys (with links to other articles in the same vein):

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MD: Court order to access def’s location from murder victim’s cell phone by cell site simulator was in good faith

The use of a cell site simulator to find defendant who was suspected of having taken his alleged murder victim’s cell phone was done in objective good faith because officers relied on an order to initiate the tracking. [Since Maryland … Continue reading

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D.R.I.: Warrantless ping of def’s cell phone was based on exigency of threatened suicide

Defendant sent texts suggesting he’d commit suicide rather than go to prison for child pornography, something he’d been involved with before. The officers had exigent circumstances to have his cell phone pinged to find him. There was a factual dispute … Continue reading

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S.D.N.Y.: Seizure of months of CSLI was proper to connect def to a particular place

Months of historical CSLI, rather than just three day’s worth, was properly acquired by the government to show defendant’s connections to the property at issue. The third party doctrine provides defendant no relief [yet]. United States v. Serrano, 2017 U.S. … Continue reading

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