{"id":7915,"date":"2012-12-03T07:55:47","date_gmt":"2012-11-02T17:29:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-11-02T17:29:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7915","title":{"rendered":"CA1: Illegal search for IMSI number on phone was harmless"},"content":{"rendered":"

The constitutionality of the government\u2019s warrantless obtaining the International Mobile Subscriber Identity (IMSI) number from defendant\u2019s cell phones was a question that did not have to be decided because it was harmless beyond a reasonable doubt. The calls on the phone were obtained on the phone after that. The government already had the phone of the co-defendant and had the calls from that to the defendant. \u201cWe cannot imagine that the jury would have rendered a different verdict in the absence of the one, relatively minor, piece of evidence derived exclusively from the retrieval of Green’s IMSI number: namely, that the particular phone he was carrying on the day he was arrested was assigned telephone number (954) 245-2759. We therefore find beyond a reasonable doubt that any error here did not contribute to the verdict, see Chapman, 386 U.S. at 24, and we leave the Fourth Amendment question for another day.\u201d United States v. Green<\/a>, 698 F.3d 48 (1st Cir. 2012).*<\/p>\n

Defendant had no standing to challenge the obtaining information from the cell phone at issue. It wasn\u2019t his, and he previously sought to distance himself from the phone. On the motion to suppress, he was pressed about his possession of the phone and he wouldn\u2019t go there. Therefore, he had no standing. United States v. Cannon, 2012 U.S. Dist. LEXIS 156668 (D. S.C. November 1, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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