US v. Graham. In an en banc opinion, the Fourth Circuit overturned the panel’s decision in this case: A majority of the panel held that, although the Government acted in good faith in doing so, it had violated Defendants’ Fourth Amendment rights when it obtained the CSLI without a warrant. . . . We now hold that the …
Fourth Circuit reverses itself: no warrant needed for historical cell site data Read More »
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 Unpublished.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 …
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 …
High court declines to hear cell-site data case – SCOTUS Read More »
US v. Palomino-Coronado. Let’s get something out of the way: the Defendant-Appellant is a bad guy. Facts are clear that he repeatedly raped his seven year old neighbor. The appeal does not argue otherwise. Instead, the appeal argues that the statute under which Palomino-Coronado was convicted, 18 U.S.C. § 2251(a), has a specific intent requirement. The statute …