Category Archives: Cell site location information

Westlaw Insider: The Fourth Amendment in a Digital Age

Westlaw Insider: The Fourth Amendment in a Digital Age:

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Carpenter oral set for Nov. 29, briefs all in

The oral argument in the cell site location information-third party doctrine case this past week was set for November 29th. ScotusBlog here with links to all the briefs, both parties and amici. Petitioner’s brief Amici: Competitive Enterprise Institute, et al. … Continue reading

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OH12: SW for text messages on cell phone was particular when limited to one person’s messages

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages … Continue reading

Posted in Cell phones, Cell site location information, Ineffective assistance, Particularity | Comments Off

D.Neb.: Over a year of CSLI was reasonable where the conspiracy covered over two years

Defendants were charged with a series of ATM robberies, and the government sought historical CSLI to link the defendants together. This is third party information. The fact that information was sought for over a year in some of the defendants’ … Continue reading

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N.D.Cal.: Use of a Stingray to track a phone is a search requiring a warrant, except in exigent circumstances

Use of a Stingray is a “search” and requires a warrant. The court notes the differing approaches of the courts, but this court has already weighed in in favor of the citizen. “Accordingly, the court determines that a warrant was … Continue reading

Posted in Cell site location information, Stingray / Hailstorm | Comments Off

The Hill: Verizon reports spike in government requests for cell ‘tower dumps’

The Hill: Verizon reports spike in government requests for cell ‘tower dumps’ by Katie Bo Williams Government requests for the mass disclosure of every caller who connected to a particular cellphone tower have spiked during the first half of 2017, … Continue reading

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W.D.Pa.: CSLI warrant based on CI’s statement was with PC

The CSLI warrant here was based on probable cause from a CI. “In sum, the Affidavit was not required to contain a statement regarding the confidential informant’s reliability and its absence is not dispositive of the reliability determination or the … Continue reading

Posted in Cell site location information, Informant hearsay | Comments Off

C.D.Cal.: Even if Carpenter reverses, Davis GFE will apply to searches occurring before

Even though CSLI is before SCOTUS in Carpenter, this court had sustained seizure of CSLI before, so, even if Carpenter reverses, the Davis good faith exception will sustain this seizure. United States v. Brown, 2017 U.S. Dist. LEXIS 126504 (C.D. … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off

Law360: Cell Location Searches Assailed In Raft Of High Court Briefs

Law360: Cell Location Searches Assailed In Raft Of High Court Briefs by Shayna Posses:

Posted in Cell site location information, SCOTUS, Third Party Doctrine | Comments Off

Techdirt: ACLU Tells Court Long-Term Cell Site Location Tracking Should Require A Warrant

Techdirt: ACLU Tells Court Long-Term Cell Site Location Tracking Should Require A Warrant by Tim Cushing:

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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:

Posted in Cell site location information, SCOTUS, Third Party Doctrine | Comments Off

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

Posted in Cell site location information, Probation / Parole search, Third Party Doctrine | Comments Off