Category Archives: Cell site location information

D.Mont.: FBI 302s not discoverable to aid in PC and particularity challenge

Defendant cannot get discovery of FBI 302s just to see if the search warrant was based on whatever information that would disclose. United States v. Purkey, 2024 U.S. Dist. LEXIS 104824 (D. Mont. June 11, 2024). After all, the four … Continue reading

Posted in Admissibility of evidence, Cell site location information, Motion to suppress, Particularity, Prison and jail searches, Warrant papers | Comments Off on D.Mont.: FBI 302s not discoverable to aid in PC and particularity challenge

MN: Jail call to delete Facebook pages because of incriminating information was PC for SW

Defendant told a person he called from jail to delete his Facebook accounts because of potentially incriminating evidence on it. The state showed probable cause and particularity for the Facebook warrant. State v. Sardina-Padilla, 2024 Minn. LEXIS 307 (June 12, … Continue reading

Posted in Admissibility of evidence, Cell site location information, Probable cause, Social media warrants, Waiver | Comments Off on MN: Jail call to delete Facebook pages because of incriminating information was PC for SW

FL: Driver can be ordered from car before dog sniff under Mimms

“We hold that binding Fourth Amendment precedent permits a K-9 officer arriving midway through a lawful traffic stop to command the driver to exit the vehicle for officer safety before conducting a lawful vehicle sweep.” [Mimms] State v. Creller, 2024 … Continue reading

Posted in Cell site location information, Consent, Dog sniff | Comments Off on FL: Driver can be ordered from car before dog sniff under Mimms

E.D.N.Y.: To get CSLI, there must be some showing the phone was involved in the crime

Just saying that criminals usually have their cell phones on them is not sufficient for probable cause. Something tying the phone to the crime, however, is enough. Here it was text messages.United States v. Rutledge, 2024 U.S. Dist. LEXIS 76534 … Continue reading

Posted in Cell site location information, Community caretaking function, Issue preclusion, Qualified immunity | Comments Off on E.D.N.Y.: To get CSLI, there must be some showing the phone was involved in the crime

NYLJ: Analysis: Turnabout: Cell Site Location Information for the Defense

NYLJ: Analysis: Turnabout: Cell Site Location Information for the Defense (“This article discusses cell site location information and specifically highlights the ubiquitous cell phone and its location ‘tracking’ capability in the Fulton County, Georgia, criminal prosecution against former President Donald … Continue reading

Posted in Cell site location information | Comments Off on NYLJ: Analysis: Turnabout: Cell Site Location Information for the Defense

CA10: Concealing one’s identity to the police without there being an underlying offense doesn’t create PC

Concealing one’s identity to the police without there being an underlying offense doesn’t create probable cause. No qualified immunity: “Our cases are clear: law enforcement needs reasonable suspicion of a ‘predicate, underlying crime,’ not a generalized suspicion a person is … Continue reading

Posted in Cell site location information, Probable cause, Qualified immunity | Comments Off on CA10: Concealing one’s identity to the police without there being an underlying offense doesn’t create PC

E.D.Cal.: Stop for expired registration during Covid extension of time to register cars was objectively unreasonable

The stop of defendant’s car for expired tags but within the period of the state’s Covid executive order extending time to register cars was objectively not reasonable, even where the officer was unaware of the meaning of the EO. United … Continue reading

Posted in Cell phones, Cell site location information, Probable cause, Reasonableness | Comments Off on E.D.Cal.: Stop for expired registration during Covid extension of time to register cars was objectively unreasonable

D.Ariz.: Govt’s civil discovery demands don’t implicate the 4A

When the government is sued, its discovery demands do not implicate the Fourth Amendment. Arizona Yage Assembly v. Barr, 2024 U.S. Dist. LEXIS 42197 (D. Ariz. Feb. 22, 2024). The obtaining of defendants CSLI before Carpenter was lawful then, and … Continue reading

Posted in Cell site location information, Good faith exception, Reasonable suspicion, Search | Comments Off on D.Ariz.: Govt’s civil discovery demands don’t implicate the 4A

VA: Capias for detention of person not functional equivalent of arrest warrant; no PC finding

A Virginia capias for detention of a person is not the functional equivalent of an arrest warrant founded on sworn probable cause. The police view of the inside of defendant’s home that led to a search warrant is suppressed. Commonwealth … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Cell site location information, Qualified immunity | Comments Off on VA: Capias for detention of person not functional equivalent of arrest warrant; no PC finding

D.R.I.: SW required for a short term CSLI Tower Dump

Finding short term CSLI obtained by a cell phone tower dump also protected by the Fourth Amendment, the court holds, disagreeing with other courts, that a warrant was required, but the good faith exception applies. An long, interesting opinion. “The … Continue reading

Posted in Cell site location information, Good faith exception, Issue preclusion, Reasonable suspicion | Comments Off on D.R.I.: SW required for a short term CSLI Tower Dump

DE: Challenge to search after PG doesn’t show actual innocence

After acquired information that a cell site simulator might have been misused doesn’t show actual innocence or undermine guilty plea. “The appellant pleaded guilty, and his assertion that he has new evidence that law enforcement illegally or improperly used cell-site … Continue reading

Posted in Cell site location information, Cell site simulators, Good faith exception, Issue preclusion, Tracking warrant | Comments Off on DE: Challenge to search after PG doesn’t show actual innocence

VA: Stop of men on street matching BOLO for other officers to arrive in two minutes was reasonable

The first officer to encounter defendant was responding to a BOLO of suspects on the street related to a nearby home invasion. They were close enough to the description. He stopped them and held them about two minutes until other … Continue reading

Posted in Cell site location information, Ineffective assistance | Comments Off on VA: Stop of men on street matching BOLO for other officers to arrive in two minutes was reasonable

OH2: Pinging cell phone of suspect shortly after homicide was exigent

Pinging defendant’s cell phone to try to find him after he had shot three people seven hours apart was with exigent circumstances. This is already settled in this state. State v. Smith, 2023-Ohio-4565, 2023 Ohio App. LEXIS 4389 (2d Dist. … Continue reading

Posted in Cell site location information, Emergency / exigency, Probable cause | Comments Off on OH2: Pinging cell phone of suspect shortly after homicide was exigent

LA3: Cell phone ping to locate def in a shooting investigation was exigent

“In our view, the trial court did not err in finding that exigent circumstances justified the warrantless procurement of Defendant’s cell-site information. Defendant was attempting to flee from the investigation of this violent crime, [and there was a serious risk … Continue reading

Posted in Cell phones, Cell site location information, Protective sweep, Reasonable suspicion | Comments Off on LA3: Cell phone ping to locate def in a shooting investigation was exigent

AR: HBO film crew ride-along on drug raid doesn’t lead to suppression

An HBO film crew was doing a ride-along with the DEA and local DTF officers for the making of “Meth Storm.” Defendant raises via post-conviction that the ride-along film crew violated the Fourth Amendment and the state constitution. The court … Continue reading

Posted in Cell site location information, Good faith exception, Ineffective assistance, Motion to suppress, Overbreadth, Warrant execution | Comments Off on AR: HBO film crew ride-along on drug raid doesn’t lead to suppression

WV: SW for items that are also common to any home doesn’t make warrant general; it’s specific enough

Officers had two search warrants for Gray’s place, and defendant complained that the warrant described things common to any home. There was probable cause for that stuff, and there’s no requirement of a more specific description. State v. Knotts, 2023 … Continue reading

Posted in Arrest or entry on arrest, Automobile exception, Cell site location information, Particularity | Comments Off on WV: SW for items that are also common to any home doesn’t make warrant general; it’s specific enough

E.D.Ky.: Overnight guest ordered out no longer had REP

Defendant was an overnight guest, but the homeowner told him to get out and called the police on him because he was tearing the place up. “The Court finds it doubtful that “society is prepared to recognize as reasonable” Starghill’s … Continue reading

Posted in Cell site location information, Probable cause, Reasonable expectation of privacy, State constitution | Comments Off on E.D.Ky.: Overnight guest ordered out no longer had REP

CA9: Drug dog entering vehicle after alert not unreasonable

The drug dog entering defendant’s vehicle after the alert is not unreasonable. An Idaho state CSLI warrant served outside of Idaho was not an issue for federal court. Even if the court agreed that there was a technical violation of … Continue reading

Posted in § 1983 / Bivens, Cell site location information, Dog sniff, Probation / Parole search | Comments Off on CA9: Drug dog entering vehicle after alert not unreasonable

D.N.M.: RS not needed for questions at a fixed immigration checkpoint

Defendant’s questioning about his work at a fixed immigration checkpoint did not require reasonable suspicion. United States v. Briscoe, 2023 U.S. Dist. LEXIS 181188 (D.N.M. Oct. 6, 2023). There was reasonable suspicion for defendant’s stop at gunpoint for his being … Continue reading

Posted in Cell site location information, Immigration checkpoints, Reasonable suspicion | Comments Off on D.N.M.: RS not needed for questions at a fixed immigration checkpoint

DE: No standing in another’s cell phone

There’s no reasonable expectation of privacy or standing in someone else’s cell phone. State v. Hunt, 2023 Del. Super. LEXIS 775 (Sep. 19, 2023).* Defendant was mistaken that GX48 for trial was the product of a search warrant. It wasn’t. … Continue reading

Posted in Cell phones, Cell site location information, Excessive force, Good faith exception, Standing | Comments Off on DE: No standing in another’s cell phone