If the Supreme Court does resolve this circuit split, the Carpenter opinion's heavy emphasis on the unique nature of CSLI
records should greatly influence its analysis of the private search doctrine as applied to electronic devices.
The Court determined that the government violated Carpenter's Fourth Amendment rights when it accessed CSLI
data from his wireless carriers, and held that the third-party doctrine did not apply to the facts in Carpenter.
. (6) Databases that can be used, directly or indirectly, to
(59) Federal magistrate judges ordered both MetroPCS and Sprint, Carpenter's wireless carriers, to disclose CSLI
at call origination and termination of both incoming and outgoing calls during the four-month period of the robberies.
is only about CSLI
, and the language of the Court's decision is
In January 2015, the commonwealth's attorney requested the issuance of a subpoena duces tecum to the Verizon custodian of records, seeking the CSLI
for appellant's phone number.
Thompson filed a motion to suppress the intercepted calls, "arguing law enforcement had intercepted his communications outside the territorial jurisdiction of the Eighth Judicial District." (306) The government filed an application for orders pursuant to [section] 2703(d) of the Stored Communications Act (SCA), asking the court to require the electronic service providers for Thompson and his co-conspirators to disclose historical CSLI
for their phones.
Carpenter was convicted, and he later appealed, asserting that obtaining the CSLI
information required a search warrant.
In Carpenter, a robbery suspect's location was determined from his CSLI
and placed him at the location of various robberies, including the robberies of cell phone retailers.
enforcement to obtain a warrant to access the historical CSLI
Part II will discuss legal precedent regarding cell-site simulators and cell site location information (CSLI
), comparing the two types of surveillance and analyzing why CSLI
precedent points to the necessity of a warrant for cell-site simulators.
How Courts Have Applied the Fourth Amendment to CSLI