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 ignored. As Government counsel acknowledged at oral argument, Officer Chumbe was ‘out of control,’ and he is among the officers peppering Defendant with questions throughout the interaction. As Government counsel noted, the confession did not result from actual physical coercion, but the bar is not so low. Considering the totality of the circumstances, though relying primarily on the absence of Miranda warnings before custodial interrogation began, I find the Government has failed to meet its burden to show by a preponderance of the evidence that Defendant’s statements at the scene were spontaneously made and voluntary. … I accordingly recommend that the Motion be granted with respect to Defendant’s pre-Miranda statements.” United States v. Jones, 2024 U.S. Dist. LEXIS 128862 (S.D. Fla. June 3, 2024).*

“Here, the Court agrees that Defendant voluntarily consented to the search of his cell phone. Again, Defendant’s individual characteristics-like his age, intelligence and education, lack of intoxication, waiver of his Miranda rights, and experience with the protections afforded by the legal system-all indicate voluntariness.” United States v. Hudson, 2024 U.S. Dist. LEXIS 128916 (D. Neb. July 22, 2024).*