Category Archives: Cell site location information

N.D.Ind.: Govt showed emergency to locate serial robber by CSLI ping

Defendant is indicted for Hobbs Act robbery, and detectives believed he was in a string of robberies. They obtained ping information on the phone in an attempt to locate him before he committed another robbery. Exigency is shown by the … Continue reading

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CA10: In a Carpenter remand, court remands to Dist.Ct. instead of applying GFE

This case was GVR’d after Carpenter, and the court remands to the district court to make further findings. United States v. Thompson, 2018 U.S. App. LEXIS 29949 (10th Cir. Oct. 24, 2018). Defense counsel can’t be ineffective for not filing … Continue reading

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CA6: Seizure of cell phone under SW had to be within time prescribed but the actual off-site search can be later

The seizure of the cell phone was within the time prescribed in the search warrant, but the actual search of the phone didn’t occur until after the time prescribed. This did not violate the Fourth Amendment. Off-site analysis was expected … Continue reading

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CO: Once a dog alerts on a car, there is PC, and putting dog in car wasn’t unreasonable

Once a dog alerted on a car during a stop that was valid up to that time, putting the dog inside the car wasn’t unreasonable. The officers had probable cause at that point. People v. Bailey, 2018 CO 84 (Oct. … Continue reading

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VA: CSLI obtained before Carpenter was valid

CSLI obtained in 2012 and 2015 was lawful at the time before Carpenter, so the good faith exception applies. (The case was GVR’d because of Carpenter.) “We adopt the analytical framework set forth in Chavez. Appellant’s CSLI was acquired in … Continue reading

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E.D.Tenn.: No standing in a shipped package found in another’s car where def’s name not on box as sender or recipient

Defendant had no standing to challenge the search of a previously shipped package located in another person’s vehicle that had his name nowhere on it as recipient or sender. Also, the search of the package was valid by consent and … Continue reading

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E.D.Wis.: Govt planting video camera in neighbor’s house aiming at def’s backyard didn’t violate 4A

Officers put a video camera in defendant’s back neighbor’s house to look at defendant’s back yard over the long term. This was similar to a pole camera, except that its view was the same as the back neighbor’s, and it … Continue reading

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N.D.Ill.: No IAC for not challenging CSLI without warrant before Carpenter

Defendant didn’t get ineffective assistance of counsel from defense counsel not challenging warrantless CSLI production without a warrant before Carpenter. United States v. Lewisbey, 2018 U.S. Dist. LEXIS 165566 (N.D. Ill. Sep. 27, 2018). Defendant claimed for the first time … Continue reading

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E.D.Pa.: Pre-Carpenter CSLI survives with GFE; Riley didn’t foretell Carpenter

Defendant was a suspect in a series of bank robberies, and a court order was obtained for his CSLI in 2016. Defendant’s argument that Riley foretold Carpenter is rejected. It wasn’t enough to forecast a clear outcome. The good faith … Continue reading

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S.D.N.Y.: Exclusionary rule doesn’t apply to federal supervised release hearings

The exclusionary rule is not applicable to federal supervised release revocation hearings. United States v. Jones, 2018 U.S. Dist. LEXIS 162830 (S.D. N.Y. Sep. 24, 2018). The government did, in fact, have a search warrant for defendant’s CSLI, so his … Continue reading

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CA2: On GVR after Carpenter, Second Circuit also holds GFE applies to 2011 SCA order

Defendant’s CSLI case was GVR’d by SCOTUS after Carpenter. His SCA order was issued in 2011. “Prior to Carpenter, all six courts of appeal to have considered the question had held that the government acquisition of electronic data from third … Continue reading

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DE applies Carpenter to January CSLI search; no action yet on state’s effort to get it again after motion to suppress

Defendant was the subject of a CSLI warrant in January 2018. After he filed a motion to suppress under Carpenter decided in June, the state sought the same information by a search warrant in August 2018. Carpenter applies here. The … Continue reading

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