Category Archives: Cell site location information

OH3: No REP in discarded cigarette butt connecting def to cold case

Defendant waived any reasonable expectation of privacy in a cigarette butt he through away where the police found his DNA. It was used to solve a cold case of rape and attempted murder from 1993. State v. Bortree, 2021-Ohio-2873, 2021 … Continue reading

Posted in Cell site location information, DNA, Reasonable suspicion | Comments Off on OH3: No REP in discarded cigarette butt connecting def to cold case

W.D.Pa.: Verizon voluntarily providing CSLI was not a 4A violation

Verizon voluntarily providing CSLI when it found out a search warrant was coming was not a Fourth Amendment violation. [This would also be inevitable discovery.] United States v. Searcy, 2021 U.S. Dist. LEXIS 153522 (W.D.Pa. Aug. 16, 2021). None of … Continue reading

Posted in Cell site location information, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on W.D.Pa.: Verizon voluntarily providing CSLI was not a 4A violation

CA8: Handcuffing for two minutes was not an unreasonable seizure when based on furtive movements

Plaintiffs’ handcuffing for two minutes because of furtive movements was reasonable. “Based on the totality of the circumstances, we conclude that the investigative detention did not become an arrest here because Officer Marzolf only used handcuffs briefly (under two minutes) … Continue reading

Posted in § 1983 / Bivens, Cell site location information, Seizure | Comments Off on CA8: Handcuffing for two minutes was not an unreasonable seizure when based on furtive movements

N.D.Ill.: Corroborated anonymous 911 call about street corner drug dealing was RS

An anonymous 911 call about drug dealing at a Chicago intersection corroborated by officers’ observations was reasonable suspicion under Navarette. The caller also said she’d be calling back and 911 captured the number. There was little risk the caller couldn’t … Continue reading

Posted in Cell site location information, Issue preclusion, Reasonable suspicion, Standing | Comments Off on N.D.Ill.: Corroborated anonymous 911 call about street corner drug dealing was RS

M.D.Pa.: CSLI tracking by state court order was reasonable under federal law despite alleged state law violation

Defendant’s cell phone location information search was reasonable and constitutional under federal law despite an alleged violation of state law. United States v. Coles, 2021 U.S. Dist. LEXIS 143548 (M.D.Pa. Aug. 2, 2021). There was probable cause for the search … Continue reading

Posted in Cell site location information, Community caretaking function, Nexus, Reasonableness | Comments Off on M.D.Pa.: CSLI tracking by state court order was reasonable under federal law despite alleged state law violation

CA7: Officers complied with law in getting CSLI by exigency; Carpenter came two months after trial

Defendant was the subject of exigency based efforts to get his CSLI because he was actively being pursued as involved in a 2013 burglary investigation scoring 25 firearms. The CSLI request complied with the law at the time. Carpenter was … Continue reading

Posted in Cell site location information, Good faith exception, Issue preclusion | Comments Off on CA7: Officers complied with law in getting CSLI by exigency; Carpenter came two months after trial

D.Kan.: Seizure without RS led to abandonment; suppression granted

Defendant was seized without reasonable suspicion when an officer acting on an informant’s tip approached him with hand on gun telling defendant to raise his hands. Seconds later, he fled, dropping the gun. The court finds an unreasonable seizure precipitated … Continue reading

Posted in Cell site location information, Exclusionary rule, Informant hearsay | Comments Off on D.Kan.: Seizure without RS led to abandonment; suppression granted

S.D.Ind. & E.D.La.: New crime during arrest not suppressed

Even crediting defendant’s version of events, the exclusionary rule would not be applied to the video of defendant’s violent resistance during his arrest. United States v. Hill, 2021 U.S. Dist. LEXIS 111803 (S.D. Ind. June 14, 2021). Defendant’s new crime … Continue reading

Posted in Cell site location information, Independent source, Reasonableness | Comments Off on S.D.Ind. & E.D.La.: New crime during arrest not suppressed

VA: “[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.”

“[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.” Moreno v. Commonwealth, 2021 Va. App. LEXIS 91 (June 15, 2021). The community caretaking exception did not justify officers’ opening … Continue reading

Posted in Cell site location information, Community caretaking function, Emergency / exigency, Protective sweep | Comments Off on VA: “[T]he acquisition of real-time CSLI data to locate a fleeing murder suspect in an exigent circumstance is permissible under Carpenter.”

N.D.Ohio: Def’s suppression motion loss precludes his § 1983 case on same issue

Plaintiff’s civil rights complaint that OnStar allegedly illegally tracked his vehicle was already decided against him in his criminal case. The issue is precluded here. Lenhart v. Savetski, 2021 U.S. Dist. LEXIS 109462 (N.D. Ohio June 11, 2021). The collection … Continue reading

Posted in § 1983 / Bivens, Cell site location information, Emergency / exigency, Issue preclusion | Comments Off on N.D.Ohio: Def’s suppression motion loss precludes his § 1983 case on same issue

CA6: Social workers subject to 4A, but these get QI

Social workers are subject to the Fourth Amendment. Here, they used a court order to enter plaintiff’s home. The order wasn’t clear on what information that brought it about or that it was particular. Nevertheless, the social workers get qualified … Continue reading

Posted in Cell site location information, Ineffective assistance, Qualified immunity | Comments Off on CA6: Social workers subject to 4A, but these get QI

MA: Where state CSLI rule was retroactive, obtaining def’s here was harmless error

Defendant’s CSLI was obtained in 2011 in violation of the state constitution [well before Carpenter and state cases]. It is retroactive in this state. But, all things considered, it was harmless byond a reasonable doubt. Commonwealth v. Gumkowski, 2021 Mass. … Continue reading

Posted in Cell site location information, Probable cause, Probation / Parole search, Rule 41(g) / Return of property | Comments Off on MA: Where state CSLI rule was retroactive, obtaining def’s here was harmless error

D.Kan.: Stop and detention wasn’t unreasonable, at least in part, because the officer was maskless.

The stop and search of defendant’s person was not constitutionally unreasonable, including the fact the officer wasn’t wearing a mask. United States v. Wright, 2021 U.S. Dist. LEXIS 83603 (D. Kan. Apr. 30, 2021). Defendant’s submissions in this excessive force … Continue reading

Posted in Cell site location information, Reasonableness | Comments Off on D.Kan.: Stop and detention wasn’t unreasonable, at least in part, because the officer was maskless.

CA6: What is sufficient probable cause for a CSLI or tracking warrant?

What is sufficient probable cause for a CSLI or tracking warrant? “After a lengthy investigation, the federal government uncovered substantial evidence that Dwayne Sheckles was a Louisville distributor for a large drug-trafficking ring. Sheckles pleaded guilty but reserved the right … Continue reading

Posted in Cell site location information, Nexus, Particularity, Tracking warrant | Comments Off on CA6: What is sufficient probable cause for a CSLI or tracking warrant?

CA4: Trash container in open at curb was not on curtilage under Dunn factors

Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading

Posted in Administrative search, Cell site location information, Curtilage, Excessive force, Good faith exception, Reasonable suspicion | Comments Off on CA4: Trash container in open at curb was not on curtilage under Dunn factors

CA7: Pre-Carpenter real time CSLI tracking def on streets to locate him before he committed another robbery was not unreasonable

The fact officers had probable cause to arrest is considered in determining good faith. In addition, “To conclude, we hold that Detective Ghiringhelli did not conduct a Fourth Amendment ‘search’ by requesting the real-time CSLI of a suspect for multiple … Continue reading

Posted in Cell site location information, Emergency / exigency, Search, Seizure | Comments Off on CA7: Pre-Carpenter real time CSLI tracking def on streets to locate him before he committed another robbery was not unreasonable

WI: Officer inquiring of pill bottle in plain view during traffic stop did not unreasonably extend stop

Officer in a traffic stop inquiring of a pill bottle in plain view wasn’t unreasonable under Rodriguez. State v. Crone, 2021 Wisc. App. LEXIS 192 (Apr. 20, 2021). The officer’s sticking his head inside defendant’s car and smelling marijuana was … Continue reading

Posted in Cell site location information, Probable cause, Reasonable suspicion | Comments Off on WI: Officer inquiring of pill bottle in plain view during traffic stop did not unreasonably extend stop

GA: Valid strategic choice to forego search claim to support defense

Involving pre-Carpenter CSLI, the defense had valid strategic reasons to forego a motion to suppress to support the defense arguments at trial. “Because we hold that Thomas’s trial counsel did not perform deficiently because she had a reasonable strategic purpose … Continue reading

Posted in Cell site location information, Good faith exception, Ineffective assistance | Comments Off on GA: Valid strategic choice to forego search claim to support defense

IL: CSLI 11 years before Carpenter obtained in good faith

CSLI data obtained 11 years before Carpenter was obtained in good faith at the time and would not be suppressed. People v. Potts, 2021 IL App (1st) 161219, 2021 Ill. App. LEXIS 166 (Mar. 31, 2021). Defense counsel was not … Continue reading

Posted in Cell site location information, Drug or alcohol testing, Good faith exception, Ineffective assistance | Comments Off on IL: CSLI 11 years before Carpenter obtained in good faith

D.N.M.: Business records SW was particular where limited to firearms offense

The business records search here was not overbroad as enabling a search of all records; just for violations of firearms offenses under 18 U.S.C. § 922(a)(1). It was particular enough. United States v. Warner, 2021 U.S. Dist. LEXIS 62302 (D. … Continue reading

Posted in Cell site location information, Excessive force, Particularity, Standards of review | Comments Off on D.N.M.: Business records SW was particular where limited to firearms offense