{"id":19013,"date":"2015-09-29T08:53:34","date_gmt":"2015-09-29T13:53:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19013"},"modified":"2015-09-29T08:53:34","modified_gmt":"2015-09-29T13:53:34","slug":"ma-already-held-6-hrs-csli-needs-no-warrant-here-it-was-two-weeks-worth-but-only-6-hrs-used-at-trial-so-warrant-required","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=19013","title":{"rendered":"MA already held 6 hrs CSLI needs no warrant; here it was two weeks worth but only 6 hrs used at trial, so warrant required"},"content":{"rendered":"

The Massachusetts court had already held that six hours of CSLI did not need a warrant. Here, however, two weeks\u2019 worth were sought by subpoena, and the state sought to admit only six hours worth to comply with the prior holding. The court holds that a warrant was required, and the state can\u2019t circumvent that by only relying on six hours worth at trial. Commonwealth v. Estabrook<\/a>, 2015 Mass. LEXIS 734 (September 28, 2015):
\n<\/p>\n

In Augustine, the court held that a person has a reasonable expectation of privacy in historical CSLI relating to his or her cellular telephone, at least insofar as it covers a two-week period, and that this expectation of privacy rendered the Commonwealth’s access to this information a search in the constitutional sense, subject to the warrant requirement of art. 14.10 Augustine, 467 Mass. at 232, 255. However, we surmised that there may be \u201csome period of time for which the Commonwealth may obtain a person’s historical CSLI by meeting the standard for a \u00a7 2703(d) order alone, because the duration is too brief to implicate the person’s reasonable privacy interest.\u201d Id. at 254. Although we declined in Augustine to announce \u201ca temporal line of demarcation between when the police may not be required to seek a search warrant for historical CSLI and when they must do so,\u201d we assumed without deciding that \u201ca request for historical CSLI \u2026 for a period of six hours or less would not require the police to obtain a search warrant in addition to a \u00a7 2703(d) order\u201d (emphasis added). Id. at 255 n.37. We now hold that, assuming compliance with the requirements of 18 U.S.C. \u00a7 2703, the Commonwealth may obtain historical CSLI for a period of six hours or less relating to an identified person’s cellular telephone from the cellular service provider without obtaining a search warrant, because such a request does not violate the person’s constitutionally protected expectation of privacy.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

The Massachusetts court had already held that six hours of CSLI did not need a warrant. Here, however, two weeks\u2019 worth were sought by subpoena, and the state sought to admit only six hours worth to comply with the prior … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[84],"tags":[],"class_list":["post-19013","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19013","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19013"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19013\/revisions"}],"predecessor-version":[{"id":19014,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19013\/revisions\/19014"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19013"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19013"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19013"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}