Category Archives: Cell site location information

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.”)

Posted in Cell site location information, Digital privacy, Surveillance technology | Comments Off on Scientific American: Yes, Phones Can Reveal if Someone Gets an Abortion

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

Posted in Cell site location information, Emergency / exigency | Comments Off on D.N.M.: Emergency justification for real time CSLI dissipated and leads to suppression

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

Posted in Cell site location information, Social media warrants | Comments Off on D.Md.: Facebook subject to search because of interactions there with co-conspirator

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

Posted in Cell site location information, Reasonable suspicion, Search incident | Comments Off on OR: A metal box next to def when stopped was subject to search incident here

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

Posted in Cell site location information, Probation / Parole search, Reasonableness | Comments Off on CA6: There was PC for SW for real time pinging of def’s cell phone

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

Posted in Cell site location information, DNA, Dog sniff, Good faith exception, Seizure | Comments Off on MD: Def’s DNA from a prior dismissed case admissible here

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

Posted in Cell site location information, Excessive force, Mail and packages, Prison and jail searches | Comments Off on D.Mass.: Pretrial inmate mail was subject to search even though inmate handbook didn’t discuss it

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

Posted in Cell site location information, Community caretaking function, Consent | Comments Off on UT: Searching a sleeping driver unreasonable; not community caretaking function

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

Posted in Cell site location information, Emergency / exigency | Comments Off on OR: Pinging fleeing murder suspect’s cell phone was reasonable

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

Posted in Cell phones, Cell site location information | Comments Off on SC: Officers obtained text messages in murder case with emergency request

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

Posted in Cell phones, Cell site location information | Comments Off on DE: Carpenter doesn’t apply to specific cell tower dumps obtained by SW

PA: No REP in data moving back and forth over a (nearly) public wifi connection where user agreement told users that

Defendant connected to the wifi at his college, and he was aware of the computing access policy that said that he had no Fourth Amendment reasonable expectation of privacy in the information that moved back and forth over his connection. … Continue reading

Posted in Cell site location information, Computer and cloud searches, Digital privacy, Neutral and detached magistrate, Reasonable expectation of privacy | Comments Off on PA: No REP in data moving back and forth over a (nearly) public wifi connection where user agreement told users that

M.D.Pa.: Exigency permitted warrantless CSLI pings

Only the owner of a cell phone has standing to challenge tracking the phone with a Stingray. Warrantless pings to locate the phone were shown by the government to be based on exigent circumstances. United States v. Baker, 2021 U.S. … Continue reading

Posted in Cell site location information, Emergency / exigency, Good faith exception, Standing | Comments Off on M.D.Pa.: Exigency permitted warrantless CSLI pings

OH7: Visitor to hotel room with no key or shown association to room had no standing

Defendant was a visitor to a hotel room and he had no standing to challenge its search. He had no key to the room and no luggage or other belongings, and he couldn’t show he was a guest of either … Continue reading

Posted in Cell site location information, Franks doctrine, Inventory, Standing | Comments Off on OH7: Visitor to hotel room with no key or shown association to room had no standing

NE: Time limited call and CSLI records were particular

The misstatements in the affidavit for the warrant here was negligence at worst, and that bars suppression. The affidavit for the warrant for defendant’s phone provided at least a “modicum” of information supporting probable cause. So, even assuming a lack … Continue reading

Posted in Cell phones, Cell site location information, Good faith exception, Particularity | Comments Off on NE: Time limited call and CSLI records were particular

D.Nev.: Use of cell site simulator to track another’s phone leading to def was reasonable

The government’s use of a cell site simulator to track another person’s cell phone didn’t infringe on defendant’s rights. United States v. Goldsby, 2021 U.S. Dist. LEXIS 160651 (D.Nev. Aug. 25, 2021). The court order (six years pre-Carpenter) showed probable … Continue reading

Posted in Cell site location information, Cell site simulators, Consent, Franks doctrine, Reasonableness | Comments Off on D.Nev.: Use of cell site simulator to track another’s phone leading to def was reasonable

OH3: No REP in discarded cigarette butt connecting def to cold case

Defendant waived any reasonable expectation of privacy in a cigarette butt he through away where the police found his DNA. It was used to solve a cold case of rape and attempted murder from 1993. State v. Bortree, 2021-Ohio-2873, 2021 … Continue reading

Posted in Cell site location information, DNA, Reasonable suspicion | Comments Off on OH3: No REP in discarded cigarette butt connecting def to cold case

W.D.Pa.: Verizon voluntarily providing CSLI was not a 4A violation

Verizon voluntarily providing CSLI when it found out a search warrant was coming was not a Fourth Amendment violation. [This would also be inevitable discovery.] United States v. Searcy, 2021 U.S. Dist. LEXIS 153522 (W.D.Pa. Aug. 16, 2021). None of … Continue reading

Posted in Cell site location information, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on W.D.Pa.: Verizon voluntarily providing CSLI was not a 4A violation

CA8: Handcuffing for two minutes was not an unreasonable seizure when based on furtive movements

Plaintiffs’ handcuffing for two minutes because of furtive movements was reasonable. “Based on the totality of the circumstances, we conclude that the investigative detention did not become an arrest here because Officer Marzolf only used handcuffs briefly (under two minutes) … Continue reading

Posted in § 1983 / Bivens, Cell site location information, Seizure | Comments Off on CA8: Handcuffing for two minutes was not an unreasonable seizure when based on furtive movements

N.D.Ill.: Corroborated anonymous 911 call about street corner drug dealing was RS

An anonymous 911 call about drug dealing at a Chicago intersection corroborated by officers’ observations was reasonable suspicion under Navarette. The caller also said she’d be calling back and 911 captured the number. There was little risk the caller couldn’t … Continue reading

Posted in Cell site location information, Issue preclusion, Reasonable suspicion, Standing | Comments Off on N.D.Ill.: Corroborated anonymous 911 call about street corner drug dealing was RS