Category Archives: Cell site location information

ND: No PC for shipped package, but there was for def’s house

Police lacked probable cause for the search warrant for a package defendant was shipping just because they suspected it contained cash for drugs. There were suspicions because of volunteered explanations when he was shipping it, but no probable cause and … Continue reading

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S.D.Ind.: CSLI search two years before Carpenter was valid under GFE

The Seventh Circuit held in dicta in 2014 that CSLI didn’t need a warrant. United States v. Thousand, 558 Fed. Appx. 666, 670 (7th Cir. 2014). The search here was two years before Carpenter. Davis good faith applies, and the … Continue reading

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Lawfare: When Does a Carpenter Search Start—and When Does It Stop?

Important, thoughtful piece: Lawfare: When Does a Carpenter Search Start—and When Does It Stop? by Orin Kerr:

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CA4: Carpenter didn’t apply under Davis GFE where circuit law didn’t require warrant before

Carpenter doesn’t apply under Davis good faith exception where circuit law didn’t require a warrant before. Besides, here it was harmless at best. United States v. Chavez, 2018 U.S. App. LEXIS 18022 (4th Cir. July 2, 2018):

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SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States

SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States, 2018 U.S. LEXIS 3844 (U.S. June 22, 2018) (5-4). Gorsuch “dissents,” but it reads like a concurrence, which parallels his questions at oral argument, and he agrees with Justice … Continue reading

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WaPo: Verizon, AT&T, T-Mobile and Sprint suspend selling of customer location data after prison officials were caught misusing it

WaPo: Verizon, AT&T, T-Mobile and Sprint suspend selling of customer location data after prison officials were caught misusing it by Brian Fung: Verizon, AT&T and Sprint will no longer share its customers’ location information with several third-party companies who failed … Continue reading

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LA3: Ping order for def’s cell phone was based on exigency

The police ping request to locate defendant’s phone to locate him was based on clear exigent circumstances. Thus, it did not violate the Stored Communications Act, 18 U.S.C. § 2702(c)(4). State v. Malveaux, 2018 La. App. LEXIS 1082 (La. App. … Continue reading

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ZDNet: US cell carriers are selling access to your real-time phone location data

ZDNet: US cell carriers are selling access to your real-time phone location data by Zack Whittaker: LocationSmart, a California-based technology company, is one of a handful of so-called data aggregators. It claimed to have ‘direct connections’ to cell carrier networks … Continue reading

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CA5: When govt addresses GFE, defendant must respond or waive it

In the Fifth Circuit it’s good faith first, probable cause second. The government addressed good faith in its brief, but defendant didn’t in his. Good faith prevails. United States v. Carroll, 2018 U.S. App. LEXIS 12280 (5th Cir. May 10, … Continue reading

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NYTimes: Service Meant to Monitor Inmates’ Calls Could Track You, Too

NYTimes: Service Meant to Monitor Inmates’ Calls Could Track You, Too by Jennifer Valentino-DeVries:

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S.D.N.Y.: No standing to complain of CSLI for somebody else’s phone

Defendants have no standing to challenge the seizure of CSLI on telephone numbers they don’t complain are theirs. United States v. Pizarro, 2018 U.S. Dist. LEXIS 60539 (S.D. N.Y. Apr. 10, 2018).* Police seizure of an SD card was by … Continue reading

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Just Security: Opinion: Congress Should Place More Limits on Cellphone Location Tracking After Carpenter

Just Security: Opinion: Congress Should Place More Limits on Cellphone Location Tracking After Carpenter by by Jake Laperruque:

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