{"id":59190,"date":"2024-10-26T09:02:44","date_gmt":"2024-10-26T14:02:44","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59190"},"modified":"2024-10-26T09:02:44","modified_gmt":"2024-10-26T14:02:44","slug":"ca6-realtime-ping-information-didnt-require-a-warrant","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59190","title":{"rendered":"CA6: Realtime ping information didn&#8217;t require a warrant"},"content":{"rendered":"\n<p>\u201cPerry first challenges the validity of the search warrants for call and location data from his two cellphones. Law-enforcement officers generally need a warrant to conduct a \u2018search\u2019 that intrudes upon a person&#8217;s reasonable expectation of privacy. \u2026 But a person does not have a reasonable expectation of privacy in his location while moving in public or \u2018in the real-time location data that their cellular telephones transmit.\u2019 Thus, the officers&#8217; use of Perry&#8217;s real-time location data was not a Fourth Amendment search, and so they did not need a warrant to obtain it. And for the same reason, we need not address the validity of those warrants to hold that the district court rightly denied Perry&#8217;s supplemental motion to suppress. \u2026\u201d The traffic stop was also valid. <a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/24a0415n-06.pdf\">United States v. Perry<\/a>, 2024 U.S. App. LEXIS 26842 (6th Cir. Oct. 22, 2024).<\/p>\n\n\n\n<p>Handcuffing defendant was reasonable. He was bigger than the officer, and the officer was outnumbered at the scene. United States v. Williams, 2024 U.S. App. LEXIS 26843 (6th Cir. Oct. 22, 2024).*<\/p>\n\n\n\n<p>Plaintiff failed to sufficiently allege his excessive force claim. Ellar v. City of Mesa, 2024 U.S. App. LEXIS 26859 (9th Cir. Oct. 23, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cPerry first challenges the validity of the search warrants for call and location data from his two cellphones. Law-enforcement officers generally need a warrant to conduct a \u2018search\u2019 that intrudes upon a person&#8217;s reasonable expectation of privacy. \u2026 But a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59190\">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":[104,52,17,69],"tags":[],"class_list":["post-59190","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-excessive-force","category-gps-tracking-data","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59190","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=59190"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59190\/revisions"}],"predecessor-version":[{"id":59191,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59190\/revisions\/59191"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59190"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59190"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59190"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}