N.D.Ind.: Parole search waiver applies to CSLI information

CSLI can be obtained from a parolee’s cell phone without a search warrant. “However, the Court’s own research has found that every circuit court faced with the same question has sided with the Government and found that a warrant is not necessary to search the cell phone of a parolee. The Eighth, United States v. Jackson, 866 F.3d 982 (8th Cir. 2017), Ninth, United States v. Johnson, 875 F.3d 1265 (9th Cir. 2017), and Tenth Circuits, United States v. Pacheco, 884 F.3d 1031 (10th Cir. 2018), have all concluded that the totality of the circumstances, which include the existence of a parole search condition, render the warrantless search of a parolee’s cell phone reasonable under the Fourth Amendment.” Therefore, the same rule should apply to CSLI as well. United States v. Rogers, 2019 U.S. Dist. LEXIS 210247 (N.D. Ind. Dec. 4, 2019).