High court declines to hear cell-site data case – SCOTUS

I have previously written about the Fourth Circuit’s decision in US v. Graham, in which the divided court concluded that extended cell-site data could not be admitted without a warrant – and splitting from other circuits. I’ve also previously written about State v. Perry, in which the N.C. Court of Appeals concluded no warrant was required for two days of cell-site data under the Stored Communications Act.

Confusion will continue.

This week, the Supreme Court declined to hear Davis v. United States, in which Davis challenged his conviction in Florida based on cell-site data evidence.

At the end of October, the Fourth Circuit granted a petition for rehearing en banc in US. v. Graham.

So, members of the criminal bar: there is no clear guidance. You can probably expect some (justifiably) confused judges if this issue comes up in your cases.

Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on digital and interactive media, entertainment, internet related issues and crisis communication. He serves as general counsel to the International Game Developers Association and is an active member of many bar associations and community organizations. He can be reached at brandon at odin law dot com.

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