{"id":56796,"date":"2024-01-12T16:22:22","date_gmt":"2024-01-12T21:22:22","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56796"},"modified":"2024-01-12T16:26:25","modified_gmt":"2024-01-12T21:26:25","slug":"de-cell-tower-dump-was-reasonable-under-4a","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56796","title":{"rendered":"DE: Cell tower dump was reasonable under 4A"},"content":{"rendered":"\n<p>Defendant was convicted of robbery and kidnapping of a woman from her apartment complex to go to her ATM machine. Police got cell tower dumps for the nearest towers to the occurrence at the specific times to locate cell phones potentially involved at her apartment and the ATM. That narrowed the phone down to defendant. The court finds \u201ccell tower dumps\u201d constitutional under Carpenter. The affidavits and warrants showed probable cause and particularity. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=358080\">Hudson v. State<\/a>, 2024 Del. LEXIS 13 (Jan. 9, 2024).<\/p>\n\n\n\n<p>The state post-conviction court decided the ineffective assistance of counsel on the merits of the search as well. That was preclusive of federal habeas because it was not an unreasonable application of federal law. Askew v. Sec&#8217;y, Fla. Dep&#8217;t of Corr., 2024 U.S. Dist. LEXIS 3316 (M.D. Fla. Jan. 8, 2024)* (Stone not even cited.)<\/p>\n\n\n\n<p>Defendant\u2019s encounter with the officer here was voluntary and not a seizure. Even the officer\u2019s getting into defendant\u2019s bag was limited and by consent. The R&amp;R is rejected, and the motion to suppress should be denied. United States v. Jumping Eagle, 2024 U.S. Dist. LEXIS 3613 (D.S.D. Jan. 4, 2024),* rejecting 2023 U.S. Dist. LEXIS 232352 (D.S.D. Nov. 21, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was convicted of robbery and kidnapping of a woman from her apartment complex to go to her ATM machine. Police got cell tower dumps for the nearest towers to the occurrence at the specific times to locate cell phones &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56796\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,24,23,69],"tags":[],"class_list":["post-56796","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-consent","category-ineffective-assistance","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56796","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=56796"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56796\/revisions"}],"predecessor-version":[{"id":56799,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56796\/revisions\/56799"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56796"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56796"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56796"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}