Cell site location information requires a search warrant or other court order. The government, however, gets a good faith argument for reliance on the Stored Communications Act. [Not so the next time.] United States v. Graham, 2015 U.S. App. LEXIS 13653 (4th Cir. August 5, 2015):
Appellants Aaron Graham and Eric Jordan appeal their convictions for several offenses arising from a series of armed robberies. Specifically, Appellants challenge the district court’s admission of testimonial and documentary evidence relating to cell site location information (“CSLI”) recorded by their cell phone service provider. We conclude that the government’s warrantless procurement of the CSLI was an unreasonable search in violation of Appellants’ Fourth Amendment rights. Nevertheless, because the government relied in good faith on court orders issued in accordance with Title II of the Electronic Communications Privacy Act, or the Stored Communications Act (“SCA”), we hold the court’s admission of the challenged evidence must be sustained.