gps

Lifetime GPS monitoring requires showing, finding of recidivism – N.C. Court of Appeals

By / January 6, 2016

State v. Springle. Defendant was indicted for indecent exposure in 2013 and pled guilty in 2014. During his sentencing, the judge noted that he was a recidivist and therefore subject to satellite-based monitoring. On the administrative form for recording the order, however, he didn’t check all the right boxes. A footnote explains: Judge Alford checked …

Lifetime GPS monitoring requires showing, finding of recidivism – N.C. Court of Appeals Read More »

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

By / December 17, 2015

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 Unpublished.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 …

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

No Warrant Required for Two Days of Cell Site Data – NC Court of Appeals

By / September 15, 2015

State v Perry. In a decision reminiscent of the Fourth Circuit’s recent holding in US v. Graham (that access to extended cell site data requires a warrant), the North Carolina Court of Appeals has come to some… interesting conclusions. First, the Court of Appeals rejected an argument that cell site information sent to an officer by …

No Warrant Required for Two Days of Cell Site Data – NC Court of Appeals Read More »

Access to Extended Cell-Site Records Requires Warrant – Fourth Circuit

By / August 15, 2015

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 »