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 Unpublished.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. Graham. The Fourth Circuit ruled that when the government inspects a cell phone user’s historical cell-site location information for an extended period pf time, it must get a warrant under the Fourth Amendment. The Circuit Court split with the Fifth and Eleventh Circuits, which have said that no warrant is required, paving the way …
Access to Extended Cell-Site Records Requires Warrant – Fourth Circuit Read More »