Category Archives: Cell site location information

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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D.Md.: A SW for cell phone data going to Verizon in FL was within the court’s jurisdiction

Where the crime under investigation is in this district, it doesn’t matter that the search warrant for geolocation data from defendant’s cell phone is located in another district. The government can still get it by search warrant under Rule 41(b) … Continue reading

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Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)

Lawfare: The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess) by Orin Kerr:

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NY4 declines to extend state const. and warrant requirement to CSLI

The state used CSLI and cell records on less than probable cause to connect defendant to a robbery victim. These are business records, and the court declines to extend a higher state constitutional standard to CSLI but recognizing that other … Continue reading

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NYLJ: ‘Carpenter’ and ‘Weaver’: Strange Bedfellows?

NYLJ: ‘Carpenter’ and ‘Weaver’: Strange Bedfellows? Cyber Crime columnist Peter A. Crusco analyzes the issues raised in ‘Carpenter’ and compares them with those in ‘Weaver’ to shed new light on this evolving and often confusing area of privacy, third-party digital … Continue reading

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E.D.Va.: Circuit authority doesn’t require SW for CSLI, so there’s no point in waiting for Carpenter

CSLI without a search warrant is permitted under the law of this circuit, so there’s no point in waiting for Carpenter to be decided. [Without explicitly saying it, Davis good faith exception will apply.] United States v. Simmons, 2017 U.S. … Continue reading

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WaPo: The Supreme Court’s privacy case shows Congress needs to draw new lines

WaPo: The Supreme Court’s privacy case shows Congress needs to draw new lines:

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CA6: Turning off dashcam when drug dog arrived “concerning” but not fatal to the dog sniff

CSLI was obtained by a warrant with probable cause defendant was involved in drug dealing, and that’s nexus between the cell phone and the crime. When the car was stopped, there was at least reasonable suspicion and the stop was … Continue reading

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E.D.La.: Drive-by shooting led to emergency ping order which led to valid protective sweep

“Defendant lacks standing to challenge the sweep of Ms. Wells’ home. At best, Defendant was a frequent visitor to the home where he babysat children and worked on cars in the yard. Those limited connections to the home are insufficient … Continue reading

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