Category Archives: Cell site location information

E.D.N.Y.: Rental car GPS data not comparable to CSLI; it’s just third-party information

Rental car location tracking is significantly different from CSLI. It is purely third-party information. Moreover, the rental car company consented to the taking of the information. United States v. Brown, 2022 U.S. Dist. LEXIS 166119 (E.D.N.Y. Sept. 14, 2022). The … Continue reading

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IA: Shots fired call where officers heard of a man slumped over a railing and saw cars struck by bullets was exigent circumstances for entry

The community caretaking function justified the warrantless entry here into defendant’s apartment. Officers responded to a shots fired call at an apartment complex, saw bullet damage to cars, and had a report of a person slumped over a balcony railing. … Continue reading

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KQED: Cellphone-Tracking Tool Offers Police ‘Mass Surveillance on a Budget’

KQED: Cellphone-Tracking Tool Offers Police ‘Mass Surveillance on a Budget‘ by Garance Burke and Jason Dearen (AP):

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OH11: Driver not matching owner of car not RS

Just because the driver isn’t the owner doesn’t mean the car is stolen. See Kansas v. Glover. This was extending the stop without reasonable suspicion. State v. Dunlap, 2022-Ohio-3007, 2022 Ohio App. LEXIS 2828 (11th Dist. Aug. 29, 2022); State … Continue reading

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E.D.Pa.: Work product privilege in product of a SW is burden of defense

A special master reviewed the product of the search warrant for work product materials. The defendants have the burden of proof on work product, and they didn’t meet it. United States v. Vepuri, 2022 U.S. Dist. LEXIS 151833 (E.D. Pa. … Continue reading

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OH7: Questioning def about drugs on his person extended stop

The traffic stop was delayed, and the public safety exception was not applicable, where the officer asked a compound question, and the questioning only appeared directed at getting an admission by appellant that he had drugs on him and suggesting … Continue reading

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IL: Arrest on a CPD “investigative alert” unreasonable

The use of an CPD “investigative alert” to arrest defendant was unreasonable and a violation of the Fourth Amendment (but harmless on the totality). People v. Smith, 2022 IL App (1st) 190691, 2022 Ill. App. LEXIS 329 (July 18, 2022). … Continue reading

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D.Ariz.: Pre-Carpenter CSLI required compliance with SCA and here state officers didn’t

The government pleads the CSLI order was pre-Carpenter and thus subject to the good faith exception. The court finds, however, that the Stored Communications Act was not complied with and the government does not get the benefit of the good … Continue reading

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GA: Trial questions about SW affidavit properly excluded where officer didn’t prepare affidavit

Trial questions to one officer about alleged false statements in a search warrant affidavit attributed to him but where it was not written by him were excluded. This was not an abuse of discretion since he wasn’t the affiant. Harris … Continue reading

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Scientific American: Yes, Phones Can Reveal if Someone Gets an Abortion

Scientific American: Yes, Phones Can Reveal if Someone Gets an Abortion by Sophie Bushwick (“To protect personal information from companies that sell data, some individuals are relying on privacy guides instead of government regulation or industry transparency.”)

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D.N.M.: Emergency justification for real time CSLI dissipated and leads to suppression

Capture of defendant’s real-time CSLI was a search under Carpenter, but the government showed that officers had an emergency justification for getting it at first, but that dissipated. Finally, the good faith exception does not apply here. United States v. … Continue reading

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D.Md.: Facebook subject to search because of interactions there with co-conspirator

Defendant’s Facebook page was subject to being searched because there were interactions on it with a coconspirator, and that showed probable cause. United States v. Daprato, 2022 U.S. Dist. LEXIS 78626 (D.Md. May 2, 2022).* “Frey’s motion to suppress evidence … Continue reading

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OR: A metal box next to def when stopped was subject to search incident here

Even under Oregon’s restrictive search incident doctrine, the search of a metal box next to defendant was reasonable. She was suspected of stealing from a Salvation Army donations trailer when she was stopped. Practically anything in her vehicle looked like … Continue reading

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CA6: There was PC for SW for real time pinging of def’s cell phone

There was probable cause for a search warrant for real time pinging of defendant’s cell phone to try and find out where he was. United States v. Ennis, 2022 U.S. App. LEXIS 8779 (6th Cir. Apr. 1, 2022). Defendant was … Continue reading

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MD: Def’s DNA from a prior dismissed case admissible here

Defendant’s DNA was obtained in a 2014 case that was dismissed. The DNA from that was used to connect him to this case. The prior DNA results are not excludable just because the case went away. Hayes v. State, 2022 … Continue reading

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D.Mass.: Pretrial inmate mail was subject to search even though inmate handbook didn’t discuss it

While the pretrial inmate handbook didn’t say that outgoing mail was subject to inspection, the Supreme Court held in Stroud in 1919 that such searches were reasonable. And this one was too. United States v. Polanco, 2022 U.S. Dist. LEXIS … Continue reading

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UT: Searching a sleeping driver unreasonable; not community caretaking function

The state’s justification of rousting a person sleeping in a car was a seizure and not justified by the community caretaking function. The state bore the burden, and it failed. This was treated by the officers as a criminal investigation … Continue reading

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OR: Pinging fleeing murder suspect’s cell phone was reasonable

The warrantless pinging of a fleeing murder suspect’s cell phone was with exigent circumstances and was reasonable under the Fourth Amendment and the [even more protective] Oregon Constitution. The information the police had showed defendant was still a threat to … Continue reading

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SC: Officers obtained text messages in murder case with emergency request

The state’s obtaining CSLI here is not suppressed. Officers worked backwards from the murder victim’s cell phone and an emergency request for text messages and got them and linked them to defendant. It was inevitable that defendant’s CSLI would be … Continue reading

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DE: Carpenter doesn’t apply to specific cell tower dumps obtained by SW

Carpenter doesn’t apply to specific cell tower dumps obtained by search warrant. “The warrants present in this case are not a top-to-bottom search of any and all stored data of the digital contents of the devices and ‘any other information/data … Continue reading

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