Saturday, May 7, 2016
Christopher Joseph has posted Find My Criminals: Fourth Amendment Implications of the Universal Cell Phone 'App' That Every Cell Phone User Has But No Criminal Wants (Barry Law Review, Forthcoming) on SSRN. Here is the abstract:
The current state of the law with regard to the collection and use of cell site location information (CSLI) varies from state to state, and even between federal and state jurisdictions; not to mention that the rules can change depending on whether the information sought is historical or prospective. In light of Supreme Court precedent related to the topic, a court order should be sufficient to obtain this information, despite the fact that several jurisdictions demand a search warrant in order for members of law enforcement to obtain and use this information. However, even if a search warrant is required, exceptions to the warrant requirement can be applied to allow the police to obtain and use this information without first obtaining a search warrant.