Tracking cookies have a commercial purpose, and they cannot remotely be compared to CSLI under Carpenter. There is no reasonable expectation of privacy tracking cookies won’t be used by websites. Motion to dismiss granted. Johnson v. Google, 2019 U.S. Dist. LEXIS 59892 (D.S.C. Apr. 8, 2019).
Defendant’s CSLI was obtained years before Carpenter by subpoena under state law. Even if Carpenter would apply retroactively, and this is plain error review, defendant can’t show that it affected his conviction and harmless error applies. State v. Brown, 2019 Tenn. Crim. App. LEXIS 220 (Apr. 9, 2019).*