Category Archives: Cell site location information

D.Idaho: With PC to arrest, use of CSLI to locate ptf did not violate 4A

Probable cause existed for plaintiff’s arrest for eluding officers before his GPS location sharing was utilized to find him. And, state law and rules have no bearing on the federal claim. Larrea v. Koreis, 2023 U.S. Dist. LEXIS 104699 (D. … Continue reading

Posted in Arrest or entry on arrest, Cell site location information, Probable cause | Comments Off on D.Idaho: With PC to arrest, use of CSLI to locate ptf did not violate 4A

NY Kings Co.: Def on video at a subway station near a robbery where he was already a suspect was enough for CSLI for his phone

Defendant is charged with robbery on a subway car in the Bronx. Video from a station was matched to his picture as a likely match. That was reliable enough to seek CSLI from his phone to see if he was … Continue reading

Posted in Cell site location information, Issue preclusion, Prison and jail searches, Reasonable suspicion | Comments Off on NY Kings Co.: Def on video at a subway station near a robbery where he was already a suspect was enough for CSLI for his phone

NY Albany Co.: Overbroad location data search remedied by narrowing to two hours

The search warrant for defendant’s location data for the week before and week after the crime was overbroad. The court instead allows the state to use the hour before and hour after. People v. Williams, 2023 NY Slip Op 23137, … Continue reading

Posted in Cell site location information, Consent, Issue preclusion, Overbreadth | Comments Off on NY Albany Co.: Overbroad location data search remedied by narrowing to two hours

D.N.M.: Three days of warrantless real time CSLI was reasonable because of exigency

Three days of real time CSLI was obtained by the police because of a missing child, and it was reasonable as exigency. United States v. Torres, 2023 U.S. Dist. LEXIS 44017 (D.N.M. Mar. 15, 2023).* No qualified immunity for Tasing … Continue reading

Posted in Cell site location information, Emergency / exigency, Qualified immunity, Reasonable suspicion | Comments Off on D.N.M.: Three days of warrantless real time CSLI was reasonable because of exigency

N.D.Ga.: Realtime CSLI for 24 hours based on exigency was reasonable under Carpenter

Realtime CSLI for one day to locate defendant and a child he had with him was reasonable under Carpenter. United States v. Castellanos, 2023 U.S. Dist. LEXIS 41654 (N.D. Ga. Feb. 17, 2023), adopted, 2023 U.S. Dist. LEXIS 40281 (N.D. … Continue reading

Posted in Cell site location information | Comments Off on N.D.Ga.: Realtime CSLI for 24 hours based on exigency was reasonable under Carpenter

ars technica: FBI finally admits to buying location data on Americans, horrifying experts

ars technica: FBI finally admits to buying location data on Americans, horrifying experts by Ashley Belanger (“FBI director denied that the agency currently purchases location data.”)

Posted in Cell site location information, Third Party Doctrine | Comments Off on ars technica: FBI finally admits to buying location data on Americans, horrifying experts

M.D.Pa.: SW for cash derived from drug sales was particular enough

The search warrant for U.S. currency derived from illegal drug sales was sufficiently particular as to the warrant for defendant’s house. United States v. Jones, 2023 U.S. Dist. LEXIS 33429 (M.D. Pa. Feb. 28, 2023). The CSLI warrant here was … Continue reading

Posted in Cell site location information, Good faith exception, Particularity | Comments Off on M.D.Pa.: SW for cash derived from drug sales was particular enough

Cal.4: Without specific argument, court won’t look to SW and affidavit to make it for the appellant

Without specific argument, the court of appeals will not scour the record and the search warrant affidavit to make a party’s argument for him. Billauer v. Escobar-Eck, 2023 Cal. App. LEXIS 144 (4th Dist. Feb. 28, 2023) (anti-SLAPP case; not … Continue reading

Posted in Administrative search, Burden of pleading, Cell site location information, Good faith exception | Comments Off on Cal.4: Without specific argument, court won’t look to SW and affidavit to make it for the appellant

VT: Realtime CSLI (“pinging”) requires a SW under state constitution

Realtime CSLI (“pinging”) requires a search warrant under the state constitution, following some states. That information is not regularly kept by cell phone providers, and the state has an interest in protecting that privacy interest. State v. Murphy, 2023 VT … Continue reading

Posted in Cell site location information, State constitution, Uncategorized | Comments Off on VT: Realtime CSLI (“pinging”) requires a SW under state constitution

S.D.Ill.: Overheard comment CI would be harmed was RS for stop

Overheard information that defendant was traveling to Cape Girardeau, Missouri to harm a CI was reasonable suspicion for his stop. When a dog alerted, too, that permitted a search anywhere in the car where drugs could be hidden. United States … Continue reading

Posted in Cell site location information, Consent, Issue preclusion, Reasonable suspicion, Standing | Comments Off on S.D.Ill.: Overheard comment CI would be harmed was RS for stop

CA9: Private search of CSLI made it admissible in admin proceeding

The Washington State Department of Labor and Industries received information from whistleblowers of cell site location information the defendant business collected to show alleged violations of state law. This was a private search, and Carpenter is not implicated. Kleiser v. … Continue reading

Posted in Cell site location information, Good faith exception, Inventory, Private search | Comments Off on CA9: Private search of CSLI made it admissible in admin proceeding

SC: Exigency for CSLI was shooting victim left for dead and defendant was armed and dangerous

There was exigency for CSLI. “Thus, this was not a standard criminal investigation seeking cell phone data; rather, this request sought to address an ongoing emergency because Carter was potentially armed and dangerous, had been involved in a violent crime … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Cell site location information, Emergency / exigency, Informant hearsay | Comments Off on SC: Exigency for CSLI was shooting victim left for dead and defendant was armed and dangerous

CA6: Carpenter not retroactive and doesn’t support successor habeas

Carpenter doesn’t suffice for a successor habeas. Besides, he’d lose on the merits. “Taylor cannot meet the statutory criteria for filing a second or successive habeas corpus petition. First, he does not rely on any newly discovered evidence. Second, ‘the … Continue reading

Posted in Cell site location information, Drug or alcohol testing, Probation / Parole search | Comments Off on CA6: Carpenter not retroactive and doesn’t support successor habeas

D.Md.: Body armor found during vehicle search in drug case not more prejudicial than relevant

Body armor found during a vehicle search under a warrant is not excluded as more prejudicial than relevant under F.R.E. 403. This is a drug case, and it’s no more prejudicial than the drugs and firearms that presumably will be … Continue reading

Posted in Cell site location information | Comments Off on D.Md.: Body armor found during vehicle search in drug case not more prejudicial than relevant

D.Nev.: Ptf states claim AT&T provided real time CSLI to police without warrant

Plaintiff’s complaint that AT&T provided real time CSLI to Reno police without a search warrant states enough of a claim to proceed for now. Houston v. AT&T, 2022 U.S. Dist. LEXIS 194789 (D. Nev. Oct. 26, 2022). Defendant was found … Continue reading

Posted in Cell site location information, Consent, Probable cause | Comments Off on D.Nev.: Ptf states claim AT&T provided real time CSLI to police without warrant

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

Posted in Cell site location information, GPS / Tracking Data, Reasonable suspicion, Reasonableness, Third Party Doctrine | Comments Off on E.D.N.Y.: Rental car GPS data not comparable to CSLI; it’s just third-party information

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

Posted in Cell phones, Cell site location information, Consent, Drones, Emergency / exigency | Comments Off on 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

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):

Posted in Cell site location information | Comments Off on KQED: Cellphone-Tracking Tool Offers Police ‘Mass Surveillance on a Budget’

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

Posted in Cell site location information, Franks doctrine, Reasonable suspicion | Comments Off on OH11: Driver not matching owner of car not RS

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

Posted in Automobile exception, Cell site location information, Nexus, Privileges | Comments Off on E.D.Pa.: Work product privilege in product of a SW is burden of defense