Category Archives: Cell site location information

CA4: SW affidavit not required to name an offender

A search warrant is about whether evidence would be found in the place to be searched, not whether there’s an offender. United States v. Johnson, 2025 U.S. App. LEXIS 10138 (4th Cir. Apr. 28, 2025). 2255 petitioner’s Franks ineffective assistance … Continue reading

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D.Nev.: Cell tower dump to solve a murder was a general warrant, but not suppressed

A California state judge issued a cell tower dump warrant to attempt to find who could have been involved in two dead bodies in the desert. The judge testified at the suppression hearing in the District of Nevada. The cell … Continue reading

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IN: State’s reliance on GFE not waived where it didn’t argue it but trial court decided it

“The totality of the evidence before the issuing judge was sufficient to establish probable cause. Detective Salley’s affidavit in support of the search warrant had outlined observations that law enforcement had made during surveillance of the Astro Drive Residence, which, … Continue reading

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N.D.Ind.: Criminal complaint can’t be challenged under Franks after indictment

A criminal complaint can’t be challenged under Franks after indictment. United States v. Sole, 2025 U.S. Dist. LEXIS 908 (N.D. Ind. Jan. 3, 2025).* Defendant’s stop for clearly overtinted windows was reasonable. Disagreement by witnesses over minor details didn’t matter. … Continue reading

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TX1: GPS installed by dealer in a used car was owned by dealer and was not comparable to CSLI

Defendant bought a used car that the dealer had GPS installed in if necessary to recover it. The police accessed that information without a warrant to connect him to a murder. The contract for the vehicle told defendant about the … Continue reading

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CA6: Defense counsel not ineffective for not forecasting Carpenter three years early

Defense counsel wasn’t ineffective for not forecasting Carpenter years before it was decided. Cooper v. United States, 2024 U.S. App. LEXIS 29853 (6th Cir. Nov. 22, 2024).* Defendant was on parole for a child exploitation offense, and he was polygraphed … Continue reading

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CA2: No less intrusive measures requirement before seeking CSLI

“The CSLI and cell-site simulator warrants provided evidence of the general and specific location of one of Brown’s cell phones and, therefore, of Brown’s likely movements between his indictment and arrest. Brown contends that investigators procured these warrants by falsely … Continue reading

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OR: The burden on whether the affidavit was with the warrant at the search is on defendant

When the affidavit satisfies particularity but the defendant alleges the warrant doesn’t, he has the burden of proving that both were not attached to each other or at the scene of the search for guidance. State v. Goode, 335 Or. … Continue reading

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CA7: Franks does not apply to emergency cell phone pings

During the George Floyd murder unrest, defendant told an acquaintance he was traveling to Wisconsin with a machine gun to kill and loot. The acquaintance told law enforcement. They obtained ping information based on exigency, which was valid. Also, Franks … Continue reading

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E.D.Mich.: Cell tower dump isn’t CSLI; doesn’t require PC, but just a court order

A cell tower dump isn’t CSLI, so actual probable cause isn’t required. Here, however, there was. In re United States, 2024 U.S. Dist. LEXIS 128532 (E.D. Mich. July 18, 2024).* “Finally, the gratuitous physical aggression at the scene cannot be … Continue reading

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TX10: Even if def’s CSLI was erroneously admitted at trial, it was harmless

Even if defendant’s CSLI was erroneously admitted at trial, it was harmless on this record. State v. Roberts, 2024 Tex. App. LEXIS 4847 (Tex. App. – Waco July 11, 2024). Leave to file a successor 2255 denied. The Fourth Amendment … Continue reading

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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

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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

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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

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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

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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

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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

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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

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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

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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

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