Category Archives: Cell site location information

E.D.Mo.: PC shown for def’s CSLI at time of murder

The affidavit for search warrant for CSLI for defendant’s phone was issued with probable cause. Defendant’s phone allegedly talked to the murder victim shortly before the murder, and it was reasonable to attempt to determine where the defendant’s phone was … Continue reading

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M.D.Pa.: Carpenter does not qualify for retroactive effect to obtaining CSLI in 2013

Carpenter does not qualify for retroactive effect to obtaining CSLI in 2013. United States v. Davis, 2019 U.S. Dist. LEXIS 63314 (M.D. Pa. Apr. 12, 2019):

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LA5: CSLI obtained by subpoena 16 months before Carpenter subject to GFE

The state obtained defendant’s CSLI 16 months before Carpenter with a subpoena duces tecum. Under the Davis v. United States good faith exception, the exclusionary rule should not apply. State v. Davis, 2019 La. App. LEXIS 627 (La. App. 5 … Continue reading

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Business Insider: Your iPhone keeps a detailed list of every location you frequent

Business Insider: Your iPhone keeps a detailed list of every location you frequent — here’s how to delete your history and shut the feature off for good by Paige Leskin:

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CT: 2010 CSLI in violation of state statute and later Carpenter suppressed

The state got prospective CSLI in 2010 which it ultimately admitted was obtained in violation of state statute. The statute, moreover, permitted the state’s discovery of CSLI on reasonable suspicion. Carpenter was violated, although it came in 2018, as well … Continue reading

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N.D.Ga.: Even if Carpenter applies to a cell phone tower dump, the GFE applies

Even if Carpenter applies to cell phone tower dumps, which isn’t a certainty, the good faith exception applies. United States v. Pendergrass, 2018 U.S. Dist. LEXIS 222190 (N.D. Ga. Sept. 11, 2018), later opinion on reconsideration, 2019 U.S. Dist. LEXIS … Continue reading

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KnowTechie: LA wants rideshare scooter companies to share your location data with them

KnowTechie: LA wants rideshare scooter companies to share your location data with them by Joe Rice-Jones: Maybe this will stop the number of abandoned scooters.

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IN: Carpenter applies to a week of CSLI, but GFE and harmless error applies

In a case GVRd after Carpenter, Indiana finds Carpenter would be followed, but the good faith exception applied. Moreover, it was harmless beyond a reasonable doubt. Zanders v. State, 2019 Ind. LEXIS 46 (Mar. 8, 2019):

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DE: State’s expert testimony on effect of CSLI satisfied Daubert and admissible

Defendant’s geolocation information was obtained by search warrant to attempt to place his cell phone at or near the scene of a murder. The court finds that the information provided satisfies Daubert and will be admissible at trial. State v. … Continue reading

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E.D.Mich.: Not IAC to not have challenged CSLI in 2014

It wasn’t ineffective assistance for defense counsel to not have filed a motion to suppress 2014 CSLI. United States v. Littles, 2019 U.S. Dist. LEXIS 34359 (E.D. Mich. Mar. 5, 2019).* In this 2255, defense counsel was not shown to … Continue reading

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CA9: CSLI warrant was issued without PC, but it wasn’t so lacking that GFE should not apply

The government’s pre-Carpenter search warrant for CSLI was issued without probable cause, but it wasn’t so deficient that the good faith exception should not apply. United States v. Elmore, 2019 U.S. App. LEXIS 6507 (9th Cir. Mar. 4, 2019):

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Law.com: What’s Next: Thinking About Privacy Post-Carpenter + Getting Ahead of Drone Law

Law.com: What’s Next: Thinking About Privacy Post-Carpenter + Getting Ahead of Drone Law by ALM Staff: We caught up with USC law professor Orin Kerr to talk about the pressures that digital technology places on the Fourth Amendment and where … Continue reading

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