CA9: Promptly withdrawn subpoena for cell phone GPS information was not a violation of the Fourth Amendment

A subpoena had been issued for GPS data from a cell phone, and then it was withdrawn hours later. There was no violation of the Fourth Amendment. The fact call information was obtained was not a violation of the Fourth Amendment. Jayne v. Blunk, 502 Fed. Appx. 641 (9th Cir. 2012)*:

Jayne attests that he saw a document listing telephone numbers obtained from his call records. But there is no reasonable expectation of privacy in the phone numbers dialed or from which calls are received, so the acquisition of such information does not constitute a search under the Fourth Amendment. See Smith v. Maryland, 442 U.S. 735, 745-46 (1979).

Defendant was convicted by guilty plea of a sex offense against a child, and a condition of his release thereafter was searches of his home and computer. He twice avoided computer searches, and probation finally searched it finding child pornography. The search condition was reasonable and specific enough. People v. Wheeler, 2012 NY Slip Op 06661, 2012 N.Y. App. Div. LEXIS 6649 (4th Dept. October 5, 2012).*