MA: Obtaining CSLI by SW in 2014 was independent source against 2010 obtaining by request (and Carpenter was 2018)

The state obtained defendant’s CSLI without a showing of probable cause in 2010. In 2014, they sought it again with a search warrant. Carpenter came in 2018. The independent source doctrine applied in the 2014 search, and defense counsel wasn’t ineffective for not challenging it. Commonwealth v. Wilson, 2020 Mass. LEXIS 732 (Nov. 30, 2020).*

Lying on the ground next to one’s car with the door open and engine running is probable cause to believe defendant was in actual physical control of the vehicle. State v. Helmick, 2020 Tenn. Crim. App. LEXIS 758 (Nov. 30, 2020).*

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