N.C. Court of Appeals doubles down on warrantless searches of historical cell location data

1,034 Comments / By / December 17, 2015 / North Carolina Court of Appeals

State v. Hurtado. Unpublished.

The Court of Appeals isn’t backing down from the position that warrantless searches of historical cell phone location data are not “searches” as protected by the Fourth Amendment.

In this case, police arrested the Defendant after learning from a source about a large amount of heroin in his car. The source also gave them Hurtado’s cell phone number. Police got a court order for historical cell phone records from AT&T pursuant to 18 U.S.C. § 2703(d), a provision of the Stored Communications Act. The records put Hurtado in the area the prior night. Police searched hotel parking lots, and found a car registered to Hurtado, found Hurtado in the hotel and got Hurtado’s consent to allow a drug dog to sniff the vehicle. The dog alerted – of course – and police found the heroin.

Police had actually requested “cell site information, tower azimuth, GPS precision location, historical GPS, distance from tower, and live trace.” But, the record said the only thing they relied on was the historical GPS data, and Hurtado conceded as much at the supression hearing.

Hurtado moved to suppress the heroin, arguing that the warrantless acquisition of his cell phone records violated the Fourth Amendment. The trial court denied this motion. Hurtado appealed. (He also objected to some jury issues and appealed those, but I won’t discuss them here).

The court of appeals rejected Hurtado’s Fourth Amendment argument because the case is “indistinguishable” from State v. Perry, ___ N.C. App. ___, 776 S.E.2d 528 (2015). The court wrote:

In Perry, this Court addressed whether a warrant was required to obtain historical cell tower site location information from a third party such as a wireless service provider. Id. at ___, 776 S.E.2d at 536. We held that the acquisition of historical cellular information—meaning information first obtained and stored by the cellular carrier and then later transmitted to law enforcement under court order— was not a “search” under the Fourth Amendment. Id. at ___, 776 S.E.2d at 540.

This case is controlled by Perry. The trial court found that police relied solely on “historical GPS location data”[1] to determine the location of Hurtado’s cell phone the previous night. Hurtado concedes that the information relied upon by law enforcement was historical tracking data. In his appellate brief, Hurtado asserts that “on September 19th, the police were first informed that a shipment of drugs had come into Raleigh the night before. Using cell phone records, police were able to show that Mr. Hurtado’s phone traveled through Charlotte to Raleigh on September 18th. . . . GPS data effectively allowed them to go back in time to get incriminating data by using Mr. Hurtado’s personal property against him.” In other words, Hurtado concedes that law enforcement used historical cell phone data to determine where his phone had been in the past, not to track his current whereabouts using real-time data.

Under Perry, law enforcement’s acquisition of this historical, third-party data from Hurtado’s cell phone provider was not a search and therefore did not implicate the Fourth Amendment. Perry, at ___, 776 S.E.2d at 540. We are bound to follow Perry and therefore must reject Hurtado’s argument that the warrantless acquisition of historical data from his cellular phone provider violated his Fourth Amendment rights. Accordingly, we hold that the trial court did not err in denying Hurtado’s motion to suppress.

[1] Perry involved the acquisition of location data acquired through “pings” between the cell phone and nearby cell towers. Hurtado’s brief describes the State’s tracking of his phone as “GPS” tracking. Perry did not address GPS tracking, and we are not prepared to hold that acquiring historical GPS location data from a GPS-enabled phone is, in all cases, the same as acquiring cell tower ping data. But here, Hurtado did not present any evidence concerning the differences between these two forms of tracking, did not explain how GPS tracking works, and, most importantly, did not provide any reason why he would have a greater expectation of privacy in historical GPS location data than in historical cell tower location data. As a result, we cannot distinguish this case from Perry. See Jones v. United States, 362 U.S. 257, 261, 4 L.Ed.2d 697, 702 (1960) (party challenging the constitutionality of a search bears the burden of proving an invasion of privacy) overruled on other grounds by United States v. Salvucci, 448 U.S. 83, 65 L.Ed.2d 619 (1980); Rawlings v. Kentucky, 448 U.S. 98, 104, 65 L.Ed.2d 633, 641 (1980).

My discussion of State v. Perry can be found here. I’ve said it before and I will say it again: this issue isn’t going anywhere.

Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on transactions and video games, digital media, entertainment and internet related issues. 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.

Contact Us

Address:

4600 Marriott Drive, Suite 520
Raleigh, NC 27612

Phone:

(919) 813-0090

Email:

info@odinlaw.com

1,034 thoughts on “N.C. Court of Appeals doubles down on warrantless searches of historical cell location data”

  12. Zacharythini

    Medscape Drugs & Diseases. Long-Term Effects.
    stromectol pill
    drug information and news for professionals and consumers. Some are medicines that help people when doctors prescribe.

  14. RonaldEVILI

    Long-Term Effects. drug information and news for professionals and consumers.
    stromectol for sale
    Definitive journal of drugs and therapeutics. drug information and news for professionals and consumers.

  31. Donaldpap

    Definitive journal of drugs and therapeutics. drug information and news for professionals and consumers.
    https://nexium.top/# where can i buy generic nexium without dr prescription
    Get information now. Some are medicines that help people when doctors prescribe.

  32. WillieAmiva

    drug information and news for professionals and consumers. Everything what you want to know about pills.
    zestril 20 mg
    Get warning information here. What side effects can this medication cause?

  58. Mortonraibe

    Some are medicines that help people when doctors prescribe. Learn about the side effects, dosages, and interactions.
    ed treatment review
    Read information now. Everything information about medication.

  73. JeffreyDaunk

    What side effects can this medication cause? Comprehensive side effect and adverse reaction information.
    canadianpharmacymeds
    Get information now. Learn about the side effects, dosages, and interactions.

  81. Charlestex

    Comprehensive side effect and adverse reaction information. Comprehensive side effect and adverse reaction information.
    sildenafil 50 mg
    Definitive journal of drugs and therapeutics. Read here.

  553. hiNheUlGr

    a cost minimisation analysis viagra manufacturer Whereas the development of MAPK pathway inhibitors and antibodies directed against immune checkpoints has significantly improved outcomes in this disease, de novo and acquired resistance to these therapies remains a major impediment to achieving a durable clinical response in most patients 2 5

  732. RNS-MO-Dab

    Разрешение на строительство — это государственный запись, выдаваемый уполномоченными ведомствами государственного управления или муниципального самоуправления, который допускает начать стройку или выполнение строительных операций.
    Разрешение на строительство жилых построек задает нормативные основы и регламенты к строительству, включая приемлемые разновидности работ, дозволенные материалы и приемы, а также включает строительные нормы и пакеты безопасности. Получение разрешения на строительную деятельность является необходимым документов для строительной сферы.

  795. scholding

    Быстромонтируемые строения – это прогрессивные строения, которые различаются громадной скоростью установки и гибкостью. Они представляют собой конструкции, состоящие из заранее созданных деталей либо блоков, которые могут быть скоро собраны на районе развития.
    Быстровозводимые спортивные сооружения отличаются податливостью а также адаптируемостью, что разрешает легко преобразовывать а также модифицировать их в соответствии с интересами покупателя. Это экономически лучшее и экологически устойчивое решение, которое в крайние годы приняло обширное распространение.

  826. Mathewrix

    Anna Berezina is a renowned framer and keynoter in the area of psychology. With a background in clinical unhinged and all-embracing research circumstance, Anna has dedicated her employment to armistice human behavior and daft health: https://soto-coyle-3.technetbloggers.de/anna-berezina-accountant-meet-the-skilled-financial-expert. Through her form, she has мейд important contributions to the grassland and has appropriate for a respected reflection leader.

    Anna’s judgement spans different areas of feelings, including cognitive disturbed, positive certifiable, and emotional intelligence. Her comprehensive knowledge in these domains allows her to produce valuable insights and strategies as individuals seeking in person increase and well-being.

    As an author, Anna has written disparate influential books that cause garnered widespread recognition and praise. Her books tender functional advice and evidence-based approaches to aide individuals clear the way fulfilling lives and evolve resilient mindsets. Away combining her clinical judgement with her passion suited for helping others, Anna’s writings secure resonated with readers around the world.

  875. Terryfeato

    Acheter mГ©dicaments sans ordonnance sur internet – acheter medicament a l etranger sans ordonnance

  931. hon

    Can Dogecoin reach $10000 or $1000? Yes, Dogecoin can reach $10. “Because of this, it is difficult to call dogecoin a good investment when there are so many better choices available.” Since Elon Musk’s interest in Dogecoin, countless vendors have begun accepting Dogecoin as a means of payment. One of Dogecoin’s main benefits is that it offers cheaper and faster transactions than Bitcoin and Ethereum. Unlike previous meme coins riding the Dogecoin (DOGE) wave, Anarchy is bringing innovation and practicality to the table. “Because of this, it is difficult to call dogecoin a good investment when there are so many better choices available.” Taking into account the problem of unlimited supply, Dogecoin (DOGE) is unlikely to reach $10. To do this, the growth in volume and demand for the token, its market capitalization, would have to exceed the issuance of new tokens.
    http://jskgroup.co.kr/bbs/board.php?bo_table=free&wr_id=9184
    A cryptocurrency exchange is like an online brokerage for cryptocurrencies, tokens (virtual assets created through existing blockchains), and other digital assets. Many of these exchanges offer investment options for active traders looking to buy, sell, or hold digital assets like bitcoin, ether, and litecoin.  Investors who prefer to simply buy and hold cryptocurrency as a long-term investment rather than trying to daytrade would be more suited to eToro, given the ease of depositing – you can buy cryptocurrency on eToro using Paypal, e-wallets such as Skrill and Neteller, credit cards, Sofort, Rapid transfer, bank transfer and more. Deposit Crypto in the Crypto App Binance is another popular crypto exchange, although it doesn’t operate everywhere in the U.S. (for instance, New Yorkers are unable to use the exchange). The Cayman Islands-based crypto exchange has the largest assortment of crypto available. The exchange supports 500 coins and tokens, including two of which it created itself. Binance has come under fire from regulators for lax anti-money laundering checks and other consumer protections, but still is the largest in the world in terms of trading volume.

  971. siste

    This may be a shock to some, but many app users rely on cheesy, tired, and predictable jokes, phrases, and references when composing their bios. And bad dating app bios can be a major turnoff. Put forward a positive attitude. Negativity be it in any form, say, a creepy smile can make a person push you away. An attractive profile picture might be good, but the best photos don’t necessarily equate to the best Tinder profiles, not on an online dating site like Tinder. So what are some simple Tinder bios for men? • If you can’t handle me at my worst, then I really commend and respect you for setting some healthy boundaries for yourself That being said, there is such a thing as too much information. For example, your bio is not the place to list your deepest, darkest desires. Rather, it’s the blurb to the book of your life. Here is where you should list all of the basics (i.e., who you are, what you do, etc.) and what you’re looking for in a companion.
    http://www.rohitab.com/discuss/user/1778461-freedatingsitesreddit/
    According to Islamic teachings, that is what should exist, however, despite the rulings, many Muslims have still dated alone, without the involvement of families and not always with the purpose of marriage. Apps like Muzmatch have tried to change this and create a more acceptable way for Muslims to date and marry. Send a message or interest to start communicating with members. It’s your time to shine. Despite amassing so much information about me and my matches, Hawaya had a limited set of free filters and even more limited matches that met the filters of age (21–29), location (within 200 km of Mississauga, Ont.) and sect (Sunni) that it suggested for me. My matches quickly became non-Sunni and then non-Muslim men near my hometown, before evolving into Sunni Muslims in the U.S. and Europe, then non-Sunni and non-Muslim men in the U.S. and Europe, until I was greeted with profiles that were entirely in languages I don’t speak. Because I didn’t want to subject these men or myself to the Duolingo owl’s guilt trips, I swiped away from their profiles.

  1003. Rastrear Celular

    Para esclarecer completamente suas dúvidas, você pode descobrir se seu marido está traindo você na vida real de várias maneiras e avaliar quais evidências específicas você tem antes de suspeitar que a outra pessoa está traindo.

  1009. sklep online

    Wonderful work! This is the type of info that should be shared around
    the web. Disgrace on the search engines for now not positioning this post upper!
    Come on over and visit my web site . Thank you =) I saw similar here: %random_link% and also here:
    %random_link%

  1011. Rastrear Celular

    Depois que a maioria dos telefones celulares for desligada, a restrição à entrada incorreta de senha será suspensa. Neste momento, você pode entrar no sistema por meio de impressão digital, reconhecimento facial, etc.

  1012. Cew

    Finding a casino that offers fast or instant withdrawal times isn’t as easy as it may seem. Although a casino may offer fast transactions, it is also down to your preferred choice of payment method and what works best for you. Below we have a list of some of the best casino payment and withdrawal methods that offer the fastest payouts. Yes. All of the top online casinos provide demo modes for users to try out their games. While some online casinos demand that you register before you can access demo mode, not all casino providers do. BetMGM Casino is another market leader in banking options and speedy payouts thanks to an easy-to-use system with several quick options. More online casino promos would be an improvement, as would an update to the standard processing time. However, we still consider BetMGM one of the fastest-paying online casinos.
    https://www.usamljeni.com/forum/profile/breakabetzi1979/
    İstanbul Kültür Sanat Vakfı (İKSV) 50. yıl kutlamaları kapsamında, dünyanın önde gelen bale topluluklarından Zürih Balesi’nin Anna Karenina gösterisini… In addition to the enticing sign-up bonus, there is also a non-withdrawable bonus that comes with specific wagering conditions. The weekly bonus offers provided by Sloto Cash are also advantageous. Special rewards are offered for Sloto Cash no deposit codes, although they do require fulfilling the necessary playthrough requirements before any winnings can be withdrawn. There is a ring in the name that has all the bells and whistles pointing to Slots. Although Sloto’ Cash Casino has a superb list of Slots they go way beyond that will a full casino suite of gaming to reach a wide gambling audience. Opening in 2007, the virtual doors have remained open with a large volume of active players passing through each year. Under the umbrella of Deck Media N.V. Sloto’ Cash is one of many successful brands. Real Time Gaming software provides a quality package of products. The casino is popular among a global market of gamblers including players from the US. The casino is fully licensed and regulated in Curacao.

  1014. najlepszy sklep

    Hi, Neat post. There is a problem along with your website in web explorer,
    might test this? IE still is the market chief and a good component of other people will
    omit your excellent writing because of this problem.

  1015. ecommerce

    Having read this I believed it was rather informative. I appreciate you
    spending some time and energy to put this informative article together.
    I once again find myself personally spending a
    significant amount of time both reading and leaving comments.
    But so what, it was still worthwhile!!

  1017. Babyrozzilah

    I am very multifaceted, from sweet to , everything is possible with me! Are you submissive? Then don’t be afraid to give me a call. I’ll take your breath away with my dominant nature. Don’t hesitate for long and give me a call. I look forward to seeing you!

  1021. hydroxychloroquine and lupus

    The debate over hydroxychloroquine’s role in COVID-19 treatment highlights the importance of scientific integrity and transparency in research. buy hydroxychloroquine Accurate reporting of study findings, adherence to research protocols, and unbiased interpretation of data are essential for ensuring the validity and reliability of research findings.

  1022. sklep internetowy

    Oh my goodness! Impressive article dude! Thank you, However I am encountering issues with your RSS.
    I don’t know why I cannot join it. Is there anybody getting the same RSS
    issues? Anyone that knows the answer can you kindly respond?
    Thanx!! I saw similar here: E-commerce

  1024. Jackiepeevy

    In our online publication, we exert oneself to be your principled source in search the latest news close by media personalities in Africa. We reimburse staunch notoriety to readily covering the most akin events with regard to illustrious figures on this continent.

    Africa is well-heeled in talents and solitary voices that shape the cultural and social countryside of the continent. We distinct not lone on celebrities and showbiz stars but also on those who require consequential contributions in numerous fields, be it ingenuity, machination, science, or philanthropy https://afriquestories.com/decouvrez-05-plats-exquis-de-guinee-conakry-qui/

    Our articles provide readers with a thorough overview of what is happening in the lives of media personalities in Africa: from the latest expos‚ and events to analyzing their clout on society. We living track of actors, musicians, politicians, athletes, and other celebrities to demand you with the freshest information firsthand.

    Whether it’s an upper-class talk with with a cherished star, an questioning into outrageous events, or a rehashing of the latest trends in the African showbiz mankind, we work at to be your pre-eminent provenance of report yon media personalities in Africa. Subscribe to our publication to stay briefed yon the hottest events and engrossing stories from this captivating continent.

  1025. TommieUtesy

    Acceptable to our dedicated platform in support of staying in touch round the latest communication from the Agreed Kingdom. We conscious of the prominence of being wise take the happenings in the UK, whether you’re a dweller, an expatriate, or naturally interested in British affairs. Our exhaustive coverage spans across various domains including politics, economy, taste, extravaganza, sports, and more.

    In the realm of politics, we keep you updated on the intricacies of Westminster, covering parliamentary debates, superintendence policies, and the ever-evolving landscape of British politics. From Brexit negotiations and their bearing on profession and immigration to native policies affecting healthcare, edification, and the atmosphere, we provide insightful examination and opportune updates to help you pilot the complex area of British governance – https://newstopukcom.com/is-dietoxone-uk-keto-gummies-legit-or-not-find-out/.

    Profitable rumour is required in search sagacity the monetary pulsation of the nation. Our coverage includes reports on supermarket trends, establishment developments, and economic indicators, offering valuable insights in behalf of investors, entrepreneurs, and consumers alike. Whether it’s the latest GDP figures, unemployment rates, or corporate mergers and acquisitions, we try hard to convey precise and relevant message to our readers.

  1026. sklep

    Good day! Do you know if they make any plugins to assist with SEO?
    I’m trying to get my blog to rank for some targeted keywords
    but I’m not seeing very good gains. If you
    know of any please share. Thank you! You can read similar article here: Sklep internetowy

  1027. TommieUtesy

    Acceptable to our dedicated platform for staying cultured about the latest communication from the Joint Kingdom. We conscious of the rank of being wise far the happenings in the UK, whether you’re a dweller, an expatriate, or simply interested in British affairs. Our comprehensive coverage spans across sundry domains including wirepulling, conservation, education, entertainment, sports, and more.

    In the kingdom of politics, we keep you updated on the intricacies of Westminster, covering according to roberts rules of order debates, superintendence policies, and the ever-evolving countryside of British politics. From Brexit negotiations and their import on profession and immigration to native policies affecting healthcare, education, and the circumstances, we provide insightful analysis and propitious updates to ease you manoeuvre the complex sphere of British governance – https://newstopukcom.com/review-unforgettable-experience-at-the-garden/.

    Profitable news is crucial against sagacity the pecuniary pulse of the nation. Our coverage includes reports on supermarket trends, establishment developments, and cost-effective indicators, donation valuable insights after investors, entrepreneurs, and consumers alike. Whether it’s the latest GDP figures, unemployment rates, or corporate mergers and acquisitions, we give it one’s all to hand over accurate and relevant report to our readers.

  1028. ivermectin for humans

    In recent years, the use of Ivermectin, especially under the brand name buy ivermectin, has sparked a flurry of research aimed at uncovering its full potential beyond its initial antiparasitic applications. Scientists and researchers are delving into its antiviral and anti-inflammatory properties, exploring how it might combat diseases that are vastly different from the parasitic infections it was originally designed to treat. This shift towards broader applications reflects a growing trend in medicine to repurpose existing drugs, offering hope for faster, more cost-effective treatments.

  1029. sklep

    Hello! Do you know if they make any plugins to help with Search Engine Optimization?
    I’m trying to get my blog to rank for some targeted keywords
    but I’m not seeing very good success. If you know of any please share.
    Thank you! You can read similar article here: E-commerce

  1030. dobry sklep

    Wow, awesome weblog format! How long have you ever been blogging for?
    you made running a blog glance easy. The whole glance
    of your website is wonderful, let alone the content!
    You can see similar here e-commerce

  1032. Larrykib

    PBN sites
    We will establish a web of PBN sites!

    Pros of our PBN network:

    WE DO everything so GOOGLE does not realize that THIS IS A private blog network!!!

    1- We acquire domains from distinct registrars

    2- The principal site is hosted on a VPS server (VPS is rapid hosting)

    3- The remaining sites are on different hostings

    4- We designate a separate Google account to each site with confirmation in Google Search Console.

    5- We make websites on WordPress, we don’t utilize plugins with the help of which malware penetrate and through which pages on your websites are created.

    6- We never reproduce templates and utilise only unique text and pictures

    We do not work with website design; the client, if wished, can then edit the websites to suit his wishes

  1034. Scottobjef

    Understanding COSC Validation and Its Importance in Horology
    COSC Accreditation and its Rigorous Standards
    COSC, or the Official Swiss Chronometer Testing Agency, is the official Switzerland testing agency that attests to the accuracy and accuracy of timepieces. COSC accreditation is a sign of superior craftsmanship and trustworthiness in timekeeping. Not all timepiece brands follow COSC certification, such as Hublot, which instead sticks to its own strict criteria with movements like the UNICO calibre, achieving similar accuracy.

    The Science of Exact Timekeeping
    The core mechanism of a mechanized timepiece involves the spring, which supplies power as it loosens. This mechanism, however, can be vulnerable to external elements that may affect its accuracy. COSC-certified mechanisms undergo rigorous testing—over fifteen days in various circumstances (5 positions, three temperatures)—to ensure their durability and dependability. The tests measure:

    Typical daily rate accuracy between -4 and +6 seconds.
    Mean variation, maximum variation levels, and effects of thermal variations.
    Why COSC Certification Is Important
    For watch enthusiasts and connoisseurs, a COSC-accredited watch isn’t just a item of technology but a proof to lasting excellence and accuracy. It symbolizes a watch that:

    Offers outstanding dependability and accuracy.
    Ensures guarantee of quality across the complete construction of the watch.
    Is apt to retain its worth more effectively, making it a sound choice.
    Popular Chronometer Manufacturers
    Several well-known manufacturers prioritize COSC certification for their timepieces, including Rolex, Omega, Breitling, and Longines, among others. Longines, for instance, offers collections like the Record and Spirit, which highlight COSC-accredited mechanisms equipped with innovative substances like silicone balance springs to enhance durability and performance.

    Historic Context and the Evolution of Chronometers
    The idea of the timepiece dates back to the need for exact timekeeping for navigation at sea, emphasized by John Harrison’s work in the eighteenth cent. Since the formal establishment of Controle Officiel Suisse des Chronometres in 1973, the accreditation has become a benchmark for assessing the precision of luxury watches, continuing a legacy of excellence in horology.

    Conclusion
    Owning a COSC-certified timepiece is more than an visual selection; it’s a commitment to quality and precision. For those valuing accuracy above all, the COSC certification offers tranquility of thoughts, guaranteeing that each certified watch will function reliably under various conditions. Whether for personal contentment or as an investment decision, COSC-accredited watches distinguish themselves in the world of horology, carrying on a legacy of careful timekeeping.

Leave a Comment

Your email address will not be published.