There is no reasonable expectation of privacy in historical cell site location data. In any event, the good faith exception would apply. United States v. Moreno-Nevarez, 2013 U.S. Dist. LEXIS 143900 (S.D. Cal. October 1, 2013):<\/p>\n
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A \u00a7 2703(d) order “shall only issue if the government offers specific and articulable facts showing that there are reasonable grounds to believe that … the records … are relevant and material to an ongoing criminal investigation.” \u00a7 2703(d). This standard is a lesser showing than that demanded by the Fourth Amendment to obtain a warrant. See In the Matter of the Application of the United States of Am. for an Order Directing a Provider of Elec. Commc’n Serv. to Disclose Records to the Gov’t, 620 F.3d 304, 313 (3d Cir. 2010).<\/p>\n
. . .<\/p>\n
Although the Ninth Circuit has yet to consider a challenge to the constitutionality of \u00a7 2703(d)’s standard for historical cell site data, the Third and Fifth Circuits have found that the lower standard found in \u00a7 2703 withstands Fourth Amendment challenge. 620 F.3d at 317-318; In re Application of the United States of Am. for Historical Cell Site Data, 724 F.3d 600, 614-615 (5th Cir. 2013). This Court joins the Third and Fifth Circuits, as well as the majority of the courts to address this issue, 908 F.Supp.2d at 211, in concluding that there is no “reasonable expectation of privacy” in historical cell site data.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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