Court Filter
FEDERAL COURTS
STATE COURTS
Apply Filter
Judge Filter
Filter by Judge Name (Beta)
Motion Filter
Filter by Motion (Beta)
*Please select motion
Other Filters
2010 Onwards43030
From 2000 To 201016362
From 1990 To 20006284
From 1980 To 19903382
From 1970 To 19801655
From 1960 To 1970539
From 1950 To 1960296
Before 1950421

Cases cited for the legal proposition you have searched for.

Loading..

Showing 100 of 18696 results

...requested phone monitoring will invade the target's Fourth Amendment rights."); Cell Site Information, 2005 WL 2739208, at *26 ("to the extent the government asserts that i.... Some might argue that historical cell ...government sought my permission and I required it to show probable cause. The government claims a warrant is never required because cell site information does not implicate the Fourth Amendment...

...privacy test to decide what Fourth Amendment rights people have in cell-site location information, explaining that "no single rubric definitively resolves which expectations of privacy are entitle...information from a third party does not overcome Carpenter's claim to Fourth Amendment protection. The Government's acquisition of the cell-site records was a search within the meaning of the ...collected by the FBI because he had shared that information with his wireless carriers. Held: 1. The Government's acquisition of Carpenter's cell-site records was a Fourth...

...cell phone site on a golf course within a residential community. The district court held it did not. We agree. The Village of Wellington is a municipal corporation and a residential...the handsets that consumers carry back to the cell site which ultimately routes them to another mobile phone or a traditional wire-line telephone. Id. The success or failure of Metro PCS's...constructed a similar cell site after resident opposition, testified that the pole would not adversely impact property values. The second, a real estate appraisal executive, provided similar testimony based...

...his prison cell and that, accordingly, the Fourth Amendment proscription against unreasonable searches does not apply within the confines of the prison cell. The recognition of privacy rights for.... B In his complaint in the District Court, in addition to his claim that the shakedown search of his cell violated his Fourth and Fourteenth Amendment privac...his prison cell entitling him to the protection of the Fourth Amendment against unreasonable searches. While prisoners enjoy many protections of the Constitution that are not fundamentally inconsistent...

...prosecutor to seek a Rule 41 search warrant. Because the government cannot demonstrate that cell site tracking could never under any circumstance implicate Fourth Amendment privacy rights, there is no...word about the Fourth Amendment implications of cell site tracking is in order here. The government contends that probable cause should never be required for cell phone tracking because there is no...of certain customer records including historical cell site data. However, the order denied access to prospective cell site information, for reasons explained more fully in this opinion...

...., Gaston, 249 F.3d at 165–66 (inmate stated an Eighth Amendment claim where the area in front of his cell “was filled with human feces, urine, and sewage water” ...S.Ct. 2392, it did not hold that that amount of living space was sufficient as a matter of law. Rather, housing multiple inmates together in one cell “can amount to an Eighth Amendment violation...punishment in violation of the Eighth Amendment. The United States District Court for the Northern District of New York (Kahn, J.) granted defendants-appellees' motion to dismiss for failure to state a...

.... Fourth Amendment Based on her assumption that the cell site information soug...) Authorizing Release of Subscriber Information and/or Cell Site Information. No. 06-5021M-01. United States District Court, W.D. Louisiana, Shreveport...prospective information disclosing the location of cell site/sector (physical address) at call origination (for outbound calling), call termination (for incoming calls) and, if reasonably available...

...of either the inadequate protection afforded Young or the conditions of confinement in his dry cell. As such, these defendants could not, as a matter of law, be liable for Eighth Amendment violations...alleging civil rights violations must be pleaded with specificity. A court, however, should allow liberal amendment of civil rights complaints.... Eighth Amendment Claims The Eighth Amendment to the United States Constitution prohibits any punishment which violates civilized standards and concepts of humanity and...

... basis, and he was routinely served cold food, which was often contaminated with foreign objects. Wishon claims this treatment violates his Eighth Amendment rights...meetings, medical treatment, and visits. Wishon argues that as a matter of law 45 minutes per week of out-of-cell recreation time violates the Eighth Amendment...district court erred in (1) denying him leave to file a sixth amended complaint, (2) granting summary judgment on his Eighth Amendment claim of inadequate out-of-cell recreation time, (3) his Eighth...

..., alleging violations of his Eighth Amendment rights. Plaintiff alleged that Defendants were deliberately indifferent to the danger posed to him because they left him in a cell with Abadia. Defendants moved...42 U.S.C. § 1983 against prison employees Richard Allison, Lisa Gales, John Liefer, and John Inman (collectively, "Defendants"), alleging that they violated his Eight Amendment rights b...now consider whether Defendants violated Plaintiff's clearly established Eighth Amendment rights. Defendants had a duty as prison officials to protect Plaintiff "from violence at the hands of other...

.... On May 19, 2003, Foster filed a complaint in the District Court for the Eastern District of California alleging violations of his Eighth Amendment rights under...42 U.S.C. § 1983. In an Amended Complaint, Foster alleged that Warden Runnels and Corrections Officer Cole violated his Eighth Amendment rights by denying him food and showers as.... 1999). Accordingly, Foster has established a violation of his Eighth Amendment rights sufficient to withstand...

...precedent, “[c]ompelled warrantless disclosure of cell site data violates the Fourth Amendment.” Id. at 846. The Government filed objections with the district court to the...lowers the standard the Government must meet to compel disclosure of historical cell site information below that required by the Fourth Amendment. Second, it claims that the magistrate judge's... Historical Cell Site Data, 747 F.Supp.2d at 846 (concluding that “[c]ompelled warrantless disclosure of cell site data violates the ...

...), compelling the production of a third-party telephone company's business records containing historical cell tower location information, violated Davis's Fourth Amendment rights and was thus unconstitutio...disclose cell tower location information does not violate a cell phone user's rights under the Fourth Amendment any more than a court order compelling a bank to disclose customer account ..., which authorized the government to obtain the cell site information, satisfied the reasonableness requirement of the Fourth Amendment. See...

...private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a “search” within the meaning of the Fourth Amendment when it was...) and in the locations of the Jeep on the public roads, which were visible to all. But we need not address the Government's contentions, because Jones's Fourth Amendment rights do not rise or fall with...whether the action in question would have constituted a “search” within the original meaning of the Fourth Amendment. Where, as here, the Government obtains information by physically intruding on a...

...of information to a third party does not implicate the Fourth Amendment"). Some other courts have concluded, unpersuasively, that cell-site-location records should be treated..., violates the Fourth Amendment rights of those who have a justifiable interest in the privacy of the residence." Karo, 468 U.S. 713-18. There, the Court held that use of an electronic tracking device...that is protected by the Fourth Amendment. The proposed sealed order directs the cell-phone service provider to "disclose recorded information identifying the base station towers and sectors that...

...question is whether the issuance of a court order for cell site information under section 2703 and the Pen Register Statute is unconstitutional because it violates the Fourth Amendment's prohibition agains..., inter alia, information pertaining to the location of cell site towers receiving a signal from a particular cellular telephone for a period of 60 days. The Court's Order expired on December...cell site information with respect to the same target telephone. The relevant portions of the application seek, for a period of 60 days, "cell site activations" for the telephone...

...applied Knotts and/or Karo to cell-site data are divided. Some have found that the government's use of cell-site information to get a general location does not violate the Fourth ...36 in Eatontown.” (Emphasis added). We cannot find sufficient credible support in the record for the factual finding that the cell-site information was accurate within a one-mile radius. See...F.Supp.2d 113, 119–20 (E.D.N.Y.2011) (seeking long-term, historical information); Historical Cell Site Data, supra, 747 F.Supp...

...exercise violates the Eighth Amendment rights of inmates confined to continuous and long-term segregation. Spain v. Procunier, 600 F.2d 189...him under cruel and unusual conditions, denied him his First Amendment rights, denied him access to the courts, wrongfully opened his mail from the courts outside his presence, and imposed an illegal...cruel and unusual? Third, did OSP policies violate the First Amendment? Fourth, did the defendants violate Keenan's right to access to the courts? Fifth, did the defendants improperly open Keenan's...

...case is that the defendants violated his First Amendment rights by conducting two shakedowns of his cell and confiscating his legal papers and medical diet snacks in retaliation for his exercising his...filed a supplemental complaint adding a claim of First Amendment retaliation based upon the cell searches by Stimpson and Blatter. On August 15, 1995, a federal magistrate judge issued a report...recommending dismissal of all of plaintiff's claims except for his retaliation claims relating to the searches of his cell on June 6 and June 20, 1994. In analyzing the First Amendment retaliation claim, the...

.... A. Plaintiff contends that the search of his cell in retaliation for failure to pay an extortion demand violates his Fourth and...Supreme Court has recently held that the Fourth Amendment protection against unreasonable searches does not extend into the prison cell. Hudson v. Palmer, ___ U.S...his Fourth Amendment right to privacy was violated by the search of his cell. B. Plaintiff asserts that his due process...

...cell site location information occurred only when his vehicle was on public roads where it “ ‘could have been observed by the naked eye,’ so no Fourth Amendment violation occurred during Tracey's..., the use of real time cell site location information to track Tracey violated the Fourth Amendment because probable cause was required, but not provided, to access and use that information...or based on the Fourth Amendment, for an order requiring disclosure of real time cell site location information to be used by law enforcement to track a subscriber's cell phone. In 1967, long befo...

.... § 2703(d), compelling the production of a third-party telephone company's business records containing historical cell tower location information, violated Davis's Fourth Amendment rights and was...violated his Fourth Amendment rights by obtaining historical cell tower location information from MetroPCS's business records without a search warrant and a showing of probable cause. Davis contends...court order compelling a telephone company to disclose cell tower location information would not violate a cell phone user's rights under the Fourth Amendment even in the absence of the protection...

...and a warrant are required, either under the statutory scheme or based on the Fourth Amendment, for an order requiring disclosure of real time cell site location information to be used by law...authorizing statutes—is whether accessing real time cell site location information by the government in order to track a person using his cell phone is a Fourth Amendment search for which a warran..., 160 L.Ed.2d 1001 (2005), that “pinging” the defendant's cell phone to gather cell site location data did not violate the Fourth Amendment because agen...

...re Application (Fifth Circuit)) (holding the government can use “[s]ection 2703(d) orders to obtain historical cell site information” without implicating the Fourth Amendment (emphasis omitted..., Tied Up in Knotts? GPS Technology and the Fourth Amendment, 55 UCLA L.Rev. 409, 455 (2007). Much like long-term GPS monitoring, long-term location information disclosed in cell phone...without triggering Fourth Amendment protection. The records to the right of that line list the cell phone towers used at the start and end of each call—information the majority now holds is protected...

...historical cell site location information (CSLI) from Defendants' cell phone provider did not implicate, much less violate, the Fourth Amendment. I...information we have not deemed Fourth Amendment protected. Post at 386. The § 2703(d) orders in this case specifically requested the CSLI associated with Appellants' cell service accounts. After..., 615 (5th Cir.2013)(In re Application (Fifth Circuit)) (holding the government can use “[s]ection 2703(d) orders to obtain historical cell site information” without implicating the Fourth...

...Court—whether regardless of any federal or state statutory provisions, the use of real time cell site location information to track Tracey violated the Fourth Amendment because probable cause was...statutory scheme or based on the Fourth Amendment, for an order requiring disclosure of real time cell site location information to be used by...authorizing statutes—is whether accessing real time cell site location information by the government in order to track a person using his cell phone is a Fourth Amendment search for which a warran...

...disclosure of cell site data violates the Fourth Amendment under the separate authorities of Karo and Maynard. Accordingly, the Government's requests for that information under the S...), 2010 WL 3463132 (E.D.N.Y. Aug. 27, 2010) (holding that historical cell site information is protected by the warrant requirement of the Fourth Amendment...to historical cell site data. Rather than definitively resolving the Fourth Amendment issue, the court remanded the case to the district court...

...the United States of America, and rights to be free from unreasonable searches and seizures under the Fourth Amendment to the Constitution of the United States of America; (v) whether Reid...procedural due-process rights and Fourth Amendment rights to be free from unreasonable searches and seizures. Regarding the procedural due-process claim, he explained that every Defendant had...causing a Fourth Amendment seizure? (ii) Regarding the procedural due process claim against Ross, and assuming that Ross violated Reid's procedural due process rights by not providing notice and a...

...”). Defendant argues his Fourth Amendment rights were violated when law enforcement obtained historical cell tower site location information transmitted from his cell...information constituted a search under the Fourth Amendment, and required a warrant. Whether the retrieval of cell tower site location information, triggered by Defendant's use of his ...States has not decided whether historical cell tower site location information raises Fourth Amendment issues. Similarly, this issue appears to be a case of first impression for North Carolina appellate...

...policies of violating the due process or Fourth Amendment rights of its employees. Thus the City should be dismissed from this case on Counts 1 and 5.” MTD & MSJ Memo. at 30...search approach, which existed at the time of the Fourth Amendment's adoption, disposed of the issue: Jones's Fourth Amendment rights do not rise or fall with the Katz.... Justice Scalia held that the use of a drug-sniffing dog was a Fourth Amendment search, reasoning: [T]his case [is] a straightforward one. The officers were gathering information i...

...historical cell site location data, without a warrant but pursuant to the Stored Communications Act, was in violation of their Fourth Amendment rights and must be suppressed. The Defendants do not argue...presented, i.e., whether a defendant's Fourth Amendment rights are violated when the government acquires historical cell site location data without a warrant based on probable cause, is one of...question presented in this case: Whether the defendants' Fourth Amendment rights were violated when the government acquired historical cell site location data pursuant to an Order of a Magistrate Judge of...

..., that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining whether the volatile nature of particular conduct is clearly established...property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted...test analysis, because the trespass-based search approach, which existed at the time of the Fourth Amendment's adoption, disposed of the issue: Jones's Fourth Amendment rights do...

...constitutional rights under the Fourth Amendment by failing to demonstrate probable cause before obtaining cell-site information under the SCA. ( Id.) The Court will now turn to that.... II. FOURTH AMENDMENT CLAIM Defendant and amici curiae argue that the government obtained cell-site data in violation of the Fourth ...private home then it might raise Fourth Amendment concerns). Among the courts that have come to the opposite conclusion that the use of cell-site data obtained without a warrant based...

...Fourth Amendment. So he moves to suppress the cell-site data. (Dkt. 56, Mot. to Suppress Cell Site Location Information.) (His motion is joined by Pembrook (Dkt. 57), Briley (Dkt. 58), an...530 (1984), Calhoun also argues that cell-site data has the potential to reveal information about a person's home and is thus shielded from warrantless searches by the Fourth Amendment. (Mot. to...warrant was required to obtain the cell-site data associated with Calhoun's accounts, the Court cannot say that the Government recklessly disregarded Calhoun's Fourth Amendment rights by proceeding...

...omitted). Thus, even though the DEA believed that the use of the cell-site simulator would reveal the location of a phone associated with criminal activity, the Fourth Amendment requires the Government to.... The use of a cell-site simulator constitutes a Fourth Amendment search within the contemplation of Kyllo. Absent a search warrant, the Government may not turn a citizen's cell...its business purposes."). II. Fourth Amendment Considerations The Government argues that, even if the use of the cell-site simulator...

...court found that “the use of the Hailstorm violates the Defendant's Fourth Amendment rights,” and “any information generated from the use of the Hailstorm [must] be suppressed.” The court continued on..., 2015, in which he challenged the BPD's surreptitious use of the Hailstorm cell site simulator to search Andrews's phone, without a warrant, under the Fourth Amendment to the United States...” under the Fourth Amendment. The State maintains that the circuit court's decision “was based upon both factually unreasonable conclusions about how the cell site simulator worked in this case, and...

...to obtain information. A Fourth Amendment search may also occur where the government violates a person's subjective expectation of privacy that society recognizes as reasonable to collect information....”). Because the Court finds that the Secret Service's scan of the Defendants' credit and debit cards did not violate their Fourth Amendment rights, the information gleaned from the scan is...issues are: (i) whether the warrantless reading of magnetic strips on the backs of credit and debit cards by United States Secret Service agents violates the Fourth Amendment of the United States...

...violating the due process or Fourth Amendment rights of its employees. Thus the City should be dismissed from this case on Counts 1 and 5." MTD & MSJ...general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining...of the issue: Jones's Fourth Amendment rights do not rise or fall with the Katz formulation. At bottom, we must "assur[e] preservation of that degree...

... ORDER AFFIRMING DENIAL OF APPLICATION FOR HISTORICAL CELL SITE LOCATION INFORMATION ...18 U.S.C. § 2703(d) authorizing the government to obtain historical cell site location information (“CSLI”) associated with [Redacted] target cell phones. ECF No. 4.... Sanders's records reveal 11,517 calls for which location information was logged, comprising 23,034 cell site location data points. Id. ¶ 9. Carpenter and Sanders, respectively, placed or received...

...) orders to obtain historical cell site information” without implicating the Fourth Amendment (emphasis omitted)). And although the fourth of our sister courts opined that “[a] cell phone...government can acquire without triggering Fourth Amendment protection. The records to the right of that line list the cell phone towers used at the start and end of each call—information Defendants...concur in Judge Motz's fine opinion. The court rightly holds that obtaining historical cell site location information (CSLI) from a third party cell phone provider is not a search under the Fourth...

...agents violate Subdiaz–Osorio's Fourth Amendment rights when they procured his cell phone location information without first obtaining a court order...Subdiaz–Osorio's Fourth Amendment rights. ¶ 70 Seeking and obtaining the defendant's cell phone location information is assumed to be a search in this opinion because of the privacy...) (holding that the government must demonstrate probable cause in order to obtain cell site tracking information due to Fourth Amendment privacy concerns...

..., appellant has not argued in this appeal that his Fourth Amendment rights were violated when the government obtained cell-site location information from cellular providers. See United States v...cell-site simulator violated his Fourth Amendment rights and that the trial court erred in failing to grant his motion to suppress. In deciding this Fourth Amendment claim, we defer to th...government's acquisition of historical cell-site location information (CSLI) from a suspect's cellphone provider is not a search under the Fourth Amendment. United States v...

...tracked his cell phone using cell site information and a stingray because the tracking constituted a search that violated the Fourth Amendment of the United States Constitution and Article I, Sect...issue of whether tracking through cell site information and a stingray “violates a subjective expectation of privacy that society recognizes as reasonable” is not before us because the State has...Amendment comes into play when obtaining cell site information in part because any electronic documents have necessarily been shared with a third party. See...

...' intent to protect cell site location information from utilization as a tracking tool absent probable cause under the Fourth Amendment"); Adelman ED Wis. 2006 Opinion at *5 (concluding that "[i]f...requiring the disclosure of prospective cell site information allowed the government to `track' a suspect . . . into a protected area like a home" no "reasonable Fourth Amendment expectation of privacy...prosecutor to seek a Rule 41 search warrant. Because the government cannot demonstrate that cell site tracking could never under any circumstance implicate Fourth Amendment privacy rights, there is no reas...

...."After hearing argument, the circuit court found that "the use of the Hailstorm violates the Defendant's Fourth Amendment ....2d 294, 323 (E.D.N.Y.2005)("Because the government cannot demonstrate that cell site tracking could never under any circumstance implicate Fourth Amendment privacy rights, there is no reason to...including exhibits—on June 30, 2015, in which he challenged the BPD's surreptitious use of the Hailstorm cell site simulator to search Andrews's phone, without a warrant, under the Fourth Amendment to the...

...government violated his Fourth Amendment rights when it obtained real-time cell-site location information (CSLI) for his phone from his telecommunications provider. Also not involved in this case ...argued in this appeal that his Fourth Amendment rights were violated when the government obtained cell-site location information from cellular providers...." II. Discussion Mr. Jones claims that the government's use of a cell-site simulator violated his Fourth Amendment rights and that the trial...

.... . ., 402 F.Supp. 2d 597, 605 (D. Md. 2005) ("The government claims a warrant is never required because cell site information does not implicate the ...privacy and therefore constitutes a Fourth Amendment search. However, the precision of GPS and cell site location technology considered in combination with other factors demonstrates that pinging a.... . ., 396 F. Supp. 2d 294, 323 (E.D.N.Y. 2005) ("Because the government cannot demonstrate that cell site tracking could never under any circumstance implicate ...

...a beeper in a private residence, a location not open to visual surveillance, violates the Fourth Amendment rights of those who have a justifiable interest in the privacy of the residence." Id...location information through the "hybrid" theory. See, e.g., In re Application of the United States for an Order for Prospective Cell Site...that historical cell site information provides only a rough indication of a user's location at the time a call was made or received. The Government correctly notes that Agent Shute did not state that...

...opposed to private, areas. Decisions that have applied Knotts and/or Karo to cell-site data are divided. Some have found no violation of the Fourth Amendment, while others have found...that the Fourth Amendment requires that police get a warrant to obtain cell-site data. A more recent decision of the United States Supreme Court rested on principles of trespass. United States v...and seizures than the Fourth Amendment. When people make disclosures to phone companies and other providers to use their services, they are not promoting the release of personal information to others...

...cell site location information under the SCA does not categorically violate the Fourth Amendment as to historical information, but expressly limiting this holding to historical ...(2014) (holding police officers' use of “real-time” cell tower site location information to track defendant was a search falling under the purview of the Fourth Amendment...tracking him via [cell site location information] technology”). The Eleventh Circuit's en banc decision reiterated long-standing Fourth Amendment principles...

...Court held that "[t]he monitoring of a beeper in a private residence, a location not opened to visual surveillance, violates the Fourth Amendment rights of those who have a justifiable interest in the...convey the cell-site simulator results to DEA agents, who then had to come up to the apartment from the street. Second, a surreptitious Fourth Amendment violation should reasonably extend the time...site location information ("CSLI") for a target cell phone. Pen register information is a record from the service provider of the telephone numbers dialed from a specific phone. CSLI is a record of...

...that [law enforcement] acquired the CSLI [cell site location information] in violation of Defendant's Fourth Amendment rights, the Leon good faith exception, as further applied by...cell phone violated his Fourth Amendment rights. The government opposes the motion, contending that no search occurred and that if it did, it was justified by exigent circumstances, a reasonable good...visual surveillance, violates the Fourth Amendment rights of those who have a justifiable interest in the privacy of the residence.” Id...

...Amendments. See Complaint at 1; Prisoner's Civil Rights Complaint at 2. Because allegations of excessive force during a search or seizure implicate the reasonableness standard of the Fourth Amendment...obtaining information. We have no doubt that such a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted.” 132 S.Ct. at...the trespass-based search approach, which existed at the time of the Fourth Amendment's adoption, disposed of the issue: Jones's Fourth Amendment rights do not rise or fall with...

...violated the Fourth Amendment and suppressed the evidence. The Court of Appeals assumed, for the sake of argument, that use of a cell site simulator by law enforcement officers is a search for purposes of.... It granted the motion on the ground that the use of the cell site simulator to locate the phone was a search for purposes of the Fourth Amendment and tha...down into three parts: (1) Search - Was use of the cell site simulator in this case a search for purposes of the Fourth Amendment? (2...

...private residence, a location not open to visual surveillance, violates the Fourth Amendment rights of those who have a justifiable interest in the privacy of the residence”). We similarly have...Constitution, the Commonwealth may obtain from a cellular telephone service provider (cellular service provider) historical cell site location information (CSLI.... The term “cell site location information” (CSLI) refers to a cellular telephone service record or records that contain “information identifyin...

...of the issue: Jones's Fourth Amendment rights do not rise or fall with the Katz formulation. At bottom, we must “assur[e] preservation of that degree of privacy against...had his own Fourth Amendment rights infringed by the search and seizure which he seeks to challenge.” 439 U.S. at 133...Fourth Amendment rights were violated by a challenged search and seizure to suppress evidence obtained in the course of such police activity, it would be appropriate to retain Jones[ v...

...court decision holding that section 54–47aa violates the Fourth Amendment in the context of a request for historical cell-site data. Cf. O'Meara v. Terra, No. 10–CV–1424 (MRK...Fourth Amendment searches, Laurent's motion to suppress is DENIED. A. Background Laurent's motion concerns historical cell-site data...the Government obtained this historical cell-site data in violation of the Fourth Amendment. (Omnibus Mot. at 2.) The Fourth Amendment guarantees that “[t]he right of the people to be secure in th...

.... Streett's Fourth Amendment rights." Supp. Motion at 2. Streett states that the Supreme Court of the United States held in Carpenter v. United States "that the prosecutor's request for cell...on a person's property to obtain information. A Fourth Amendment search may also occur where the government violates a person's subjective expectation of privacy that society recognizes as reasonable...residence," and, thus that "evidence obtained as a result of th[is] unreasonable search . . . was wrongfully obtained in violation of Mr. Streett's Fourth Amendment rights, and should be excluded...

...contrast, Karo "presented] the question whether the monitoring of a beeper in a private residence, a location not open to visual surveillance, violates the Fourth Amendment rights of those who...that the warrantless use by law enforcement of a Global Positioning System ("GPS") tracking device violated his Fourth Amendment rights. Consistent with this circuit's existing precedent, we agree...Fourth Amendment purposes in general: real-time information is exactly the kind of information that drivers make available by traversing public roads. The historical data gathered and stored on...

...obtain cell-site records for the 4017 phone. Nor has the court been able to identify any Connecticut or federal court decision holding that section 54–47aa violates the Fourth Amendment in the context...whether the requests for historical cell-site data constituted Fourth Amendment searches, Laurent's motion to suppress is DENIED. A. Background....) B. Legal Standard Laurent contends that the Government obtained this historical cell-site data in violation of the Fourth Amendment. (Omnibus Mot. at...

.... Notably, the court did not specifically hold that Fourth Amendment protections apply to cell-site information, see id. at 323, or that the probable-cause standard would.... Five years later, the same court extended Fourth Amendment protection to historic cell-site information. In re Application of the U...Rule 41 governs the request for prospective cell-site information and finding a Fourth Amendment privacy interest in location); In re Application of United States for an Order Authorizing Disclosure...

... IN THE MATTER OF AN APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE RELEASE OF HISTORICAL CELL-SITE INFORMATION. 10-MJ...issuance of a warrant for historical cell-site information pursuant to Federal Rule of Criminal Procedure 41, id. at 2 n. 1, but it nevertheless has expressly declined to seek such relief.... As the caption suggests, the information at issue is commonly referred to as "historical cell-...

...the “majority rule” that Criminal Rule 41 governs the request for prospective cell-site location information and finding a Fourth Amendment privacy interest in location..., 125 S.Ct. 1050, 160 L.Ed.2d 1001 (2005) (holding that “pinging” the defendant's cell phone to gather cell site location data did not violate the ...particular points in the past ... [but] Fourth Amendment concerns might be raised if cell-site data were used to track the present movements of individuals in private locations.”); In re Application...

...whether use of a cell site simulator is a search for purposes of the Fourth Amendment or whether the court order authorizing its use fell short of a search warrant, the detectives in this case acted in...as well as his statements to police. He asserted that the Police Department's use of a cell site simulator was a warrantless and unreasonable search in violation of the Fourth Amendment and that the...Circuit Court ruling. Citing its previous decision in Andrews , the intermediate appellate court held that the use of the cell site simulator was a Fourth Amendment search and that the order...

...the program consistent with FISC opinions and orders. Whether doing so violates plaintiffs' Fourth Amendment rights is, of course, a separate question and the subject of the next section, which...“Church Committee”) that the executive branch had, for decades, engaged in warrantless domestic intelligence-gathering activities that had illegally infringed the Fourth Amendment rights of American...; Pls.' Mem. at 10–11. While more recent FISC opinions expressly state that cell-site location information is not covered by Section 1861 production orders, see, e.g., Oct. 11, 2013 Primary Order...

...infliction of pain" that violates the Eighth Amendment, id., at 346. The Constitution, we said, "does not mandate comfortable prisons," id., at 349, and only those deprivations denying...571, 579 (CA8 1968). Confinement in a prison or in an isolation cell is a form of punishment subject to scrutiny under Eighth Amendment standards." Id., at 685...the conditions of his confinement violate the Eighth Amendment must show a culpable state of mind on the part of prison officials. See, e.g...

...Constitution of the United States of America, and rights to be free from unreasonable searches and seizures under the Fourth Amendment to the Constitution of the United States of America; (v) whether Reid...Fourth Amendment rights to be free from unreasonable searches and seizures. Regarding the procedural due-process claim, he explained that..., 483 U.S. at 639. "The general proposition, for example, that an unreasonable search or seizure violates the Fourth Amendment is of little help in determining wheth...

...communication contents under the authority of the Pen/Trap Statute. The second is whether limited cell site information may be obtained.... II. Limited Cell Site Information Invoking the same legal theory rejected by this court last fall..., the Government again seeks to obtain an order authorizing access to prospective cell site information as part of a criminal investigation. This time, the Govern...

...providers to disclose "cell site information concerning the physical location of antenna towers associated with the beginning and termination of calls to and from the subject cellular telephone" and...), outlining its position that an order to obtain prospective cell site information can be entered upon less than probable cause pursuant to the combined authority of...because the proffered statutory authority is insufficient. Unless and until Congress takes further action, the court may only authorize disclosure of prospective cell site information upon a showing...

...cell users had a Fourth Amendment reasonable expectation of privacy in historical cell site location data. Id. at 6. He pointed to several courts, including one magistrate judge in this...decision considers only the Fourth Amendment question, and the court finds that collecting cell site location data does not constitute a search under that amendment. Background...case, the Fourth Amendment required the government to obtain a warrant in order to obtain the cell tower information. Dkt. No. 9 at 6. The Defendant's Objection The...

...Amendment rights do not rise or fall with the Katz formulation. At bottom, the Court must “assur[e] preservation of that degree of privacy against government that existed when the Fourth Amendment was...occupied private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a “search” within the meaning of the Fourth Amendment when it..., because Jones's Fourth Amendment rights do not rise or fall with the Katz formulation. At bottom, we must “assur[e] preservation of that degree of privacy against government that existed when the Fourth...

...Government's acquisition of cell site location data is not a “search” within the meaning of the Fourth Amendment. See, e.g., United States.... Information Sought The Government explains that there are two ways to obtain historical cell site data. In the typical case...(S.D.Tex.2012) (hereinafter In re S.D. Tex. Application ) (“[R]efinements in location technology regarding cell site information” actually “enables [the Government] to plot with great precision where...

...conclusion that the Government's acquisition of cell site location data is not a “search” within the meaning of the Fourth Amendment. See, e.g... The Government explains that there are two ways to obtain historical cell site data. In the typical case, the Government requests information connected to a particular cell phone...Release of Historical CellSite Information, 809 F.Supp.2d 113, 122, 126–27 (E.D.N.Y.2011) (hereinafter In re E.D.N.Y. Application ) (holding that “ cumulative cell-site—location...

... search under the Fourth Amendment depending on the location (Karo) and, potentially, quantity (Knotts) of that information." Historical ...holding that section 54-47aa violates the Fourth Amendment in the context of a request for historical cell-site data. Cf. O'Meara v. Terra, No. 10-CV-1424 (MRK...12-13.) Since the court agrees that the good faith exception to the exclusionary rule applies, regardless of whether the requests for historical cell-site data constituted Fourth Amendment searches...

...unreasonable searches and seizures.” U.S. Const. amend. IV. Fourth Amendment rights are enforceable against state actors through the Due Process Clause of the Fourteenth Amendment to the Constitution of the...defendant's Fourth Amendment interests—whether the search violates the defendant's reasonable privacy expectation—as one of ‘standing...proponent of the motion to suppress had his own Fourth Amendment rights infringed by the search and seizure which he seeks to challenge.” 439 U.S. at...

...-fares. Knotts. His challenge rests solely with whether the warrantless installation of the GPS device, in and of itself, violates the Fourth Amendment."). Thus prompted, the Seventh Circuit...L.Ed.2d 774 (1989), which arose not under the Fourth Amendment but under the Freedom of Information Act, 5 U.S.C. § 552. There the respondents had...reasonably required to complete that mission"), and (2) unreasonably searched the van, all in violation of the Fourth Amendment to the Constitution of the United States. The district court held the...

...the federal courts have addressed the question with conflicting results. Appellant contends that the real time interception of his cell phone signal violates his Fourth Amendment rights as incorporated...cellular phone and find his approximate position via real time cell site location information. Detective Chris Kolarchno defined pinging at the suppression hearing as determining the real time...(emphasis added). The critical inquiry in this case is whether the government must have probable cause to locate a person through real time cell site location information from the person's cellular phone...

...consistent with FISC opinions and orders. Whether doing so violates plaintiffs' Fourth Amendment rights is, of course, a separate question and the subject of the next section, which addresses the...warrantless domestic intelligence-gathering activities that had illegally infringed the Fourth Amendment rights of American citizens, Congress passed FISA "in large measure [as] a response to the revelations...information for cell phones. Second Am. Comp. ¶ 28; Pls.' Mem. at 10-11. While more recent FISC opinions expressly state that cell-site location information is not covered by Section 1861 production orders...

...his motion to suppress the cell site location information and the admission of that evidence violated his constitutional rights under the Fourth Amendment. Second, he argues that the prosecutor's...by the Fourth Amendment and was properly obtained under a court order. As we suggested above, the question whether cell site location information is protected by the Fourth.... In short, we hold that cell site location information is within the subscriber's reasonable expectation of privacy. The obtaining of that data without a warrant is a Fourth Amendment...

...the GPS location information emitted from his cell phone was a warrantless search that violated the Fourth Amendment.” United States v. Skinner..., 81 (D.Mass.2007) (no Fourth Amendment interest in prospective cell-site data). In large part, the Sixth Circuit relied upon the fact that “Skinner was.... The Government expressly reserved its right to argue that it could obtain prospective cell-site information without showing...

...warrantless installation of a GPS device on the vehicle's exterior violates that person's Fourth Amendment rights and precludes the government's use of any information or evidence derived from the GPS. In...consider whether the Fourth Amendment rights of defendant Emilio Jean, a passenger of a truck that he sometimes drove while accompanied by its owner, were violated when police officers collected...information over several days from a Global Positioning System ("GPS") tracking device they had placed on the truck without obtaining a warrant. GPS tracking may constitute a search for Fourth Amendment...

...time of the Fourth Amendment's adoption, disposed of the issue: Jones's Fourth Amendment rights do not rise or fall with the Katz formulation. At.... United States, 533 U.S. [at] 31-33 . . . . Rather, even in the absence of a trespass, "a Fourth Amendment search occurs when the government violates a subjective expectation of privacy that...176). Thus, the Fourth Amendment does not cover every "investigation[] on private property; for example, an officer may (subject to Katz) gather information in what we have called 'open fields...

...accessing cell phone location information without warrant reasonable under Fourth Amendment where police are confronted with "exigencies" such as need to "pursue a fleeing suspect, protect individuals...the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights. The motion judge agreed, and the defendant's suppression motion was allowed. A single...detail records with cell site information, and two weeks' worth of historical location information. At approximately 12 A.M., police still had not...

...and trap-and-trace device and authorizing the release of subscriber and other information, including cell-site information. Three types of cell-site information are sought: call originati...standards in the statutes the government invokes to authorize access to cell-site information, 18 U.S.C. §§ 3121- 27 (the "Pen Register Statute") and...information may not be obtained "solely pursuant" to the Pen Register Statute, 47 U.S.C. § 1002(a)(2). These courts permit the government to obtain cell-site...

..., relied on the Katz v. United States test to determine that the United States violated the defendant's Fourth Amendment rights by obtaining his cell-site records without a warrant. See...searches and seizures." U.S. Const. amend. IV. Fourth Amendment rights are enforceable against state actors through the Fourteenth Amendment's Due Process Clause. See Mapp v. Ohio...the motion to suppress had his own Fourth Amendment rights infringed by the search and seizure which he seeks to challenge." 439 U.S. at 133...

...simply are not punishments. We would have to wrench the Eighth Amendment from its language and history to hold that delay of these desirable aids to rehabilitation violates the Constitution.... If it were true that any prison providing less than 63 square feet of cell space per inmate were a per se violation of the Eighth .... Respondents, who were housed in the same cell in an Ohio maximum-security prison, brought a class action in Federal District Court under...

...Amendment search). [31] Although historical location data is content-free, it is more than simple routing information. The cell-site data tracks a cell phone user's location across specific points in time..., violated his Fourth Amendment Rights. FACTS AND PROCEDURAL HISTORY [4] On January 31, 2015, at...the historical location data from Zanders' cell phone for its own records, and the State merely requested copies of those business records. Contrary to well-established Fourth Amendment doctrine, the...

...the warrantless installation of a GPS device on the vehicle's exterior violates that person's Fourth Amendment rights and precludes the government's use of any information or evidence derived from the...II(E) and III: ¶ 1 We consider whether the Fourth Amendment rights of defendant Emilio Jean, a passenger of a truck that he sometimes drove while accompanied by its owner, were...Fourth Amendment rights, the evidence obtained need not be suppressed because the good-faith exception to the exclusionary rule applies. I. ¶ 2 In...

...information sought by the Twitter Order and that warrantless disclosure of that information violated the Fourth Amendment. Specifically, she rejected Petitioners' argument that the IP address...Expectation of Privacy in IP Address Information As a general rule, the Fourth Amendment forbids warrantless searches. City of Ontario, California v. Quon, ––– U.S...Petitioners' use of Twitter. Doc. 45 at 20–24. The government responds that Petitioners have no Fourth Amendment interest in IP address information because the mere possibility that IP address records...

...Constitutions by Gathering Historical Active Cell-Site Location Information without a Warrant. Zanders argues that police violated his Fourth Amendment and Article 1, Section 11...double-edged swords, increasing convenience at the expense of privacy. Each time they make or receive calls, they leave a trail of digital crumbs known as historical cell-site location information...disagree. Under federal precedent, the Fourth Amendment does not require police to obtain a search warrant to gather information an individual has voluntarily relinquished to a third...

...involuntarily detained person, Lombardo has no Fourth Amendment right against searches of his cell, and thus no claim under § 1983 for the alleged violations of his Fourth Amendment rights..... Apr. 20, 2004). Here, Makas alleges that the Defendants, acting under the color of state law, violated his Fourth, Fifth, Eighth, and Fourteenth Amendment rights.... 1. Fourth Amendment Makas contends that his Fourth Amendment rights have been violated because the blood draws taken by the ...

...also alleges that § 30-6-4 is unconstitutional, because it violates the Fourth Amendment to the Constitution of the United States of America and Article II, § 10, of the New Mexico Constitution...: Jones's Fourth Amendment rights do not rise or fall with the Katz formulation. At bottom, we must "assur[e] preservation of that degree of privacy against government that...] 31-33 . . . . Rather, even in the absence of a trespass, "a Fourth Amendment search occurs when the government violates a subjective expectation of privacy that society recognizes as reasonable...

...that the agents' use of GPS location information emitted from his cell phone was a warrantless search that violated the Fourth Amendment. After an evidentiary hearing, the magistrate judge determined...no Fourth Amendment violation, and Skinner's other arguments on appeal lack merit. In short, Skinner did not have a reasonable expectation of privacy in the data emanating from his cell phone that...federal magistrate judge on July 12, 2006, authorizing the phone company to release subscriber information, cell site information, GPS real-time location, and “ping” data for the 6447 phone in order to...

...' argue that the cell site location data acquired by the Government in the present case must be suppressed because it was obtained in violation of Title III of ECPA and the Fourth Amendment. Defendant...combination of statutory and Fourth Amendment analysis, the majority of federal courts examining the requirements for the acquisition of real-time cell site location data mandate that the government make a...obtain real-time cell site location data. C. Fourth Amendment Defendants also argue that the acquisition of cell site location data without a ...

.... Amicus next argues that permitting the disclosure of cell site information under the Pen Register Statute and the Stored Communications A...argues that there is no Fourth Amendment problem because cell phone users have no legitimate privacy interest in information they voluntarily turn over to third parties. It relies chiefly on Smith vs... IN RE: APPLICATION OF THE UNITED STATES FOR AN ORDER FOR PROSPECTIVE CELL SITE LOCATION INFORMATION ON A CERTAIN CELLULAR TELEPHONE. No. 06...

...obtaining cell site location data without a warrant violates the Fourth Amendment. ECF No. 20 ¶ 3. In Riley, the Court stated that “[m]odern cell phones, as a category, ...the business records/third-party doctrine by the Fourth Circuit, the Court finds that Giddins's Fourth Amendment rights were not violated when the government obtained his cell site location data...Historical Cell Site Location Data Giddins contends that the government's warrantless gathering of cell site location data violated Giddins's Fourth Amendment right to privac...

...respondents complied with a discovery request. It concluded that failure to prevent inmate assaults violates the Eighth Amendment only if prison officials were "reckless in a criminal sense," i.e., had...serious harm to an inmate violates the Eighth Amendment. See Helling v. McKinney 509 U. S. 25 (1993...that there had been no deliberate indifference to petitioner's safety. The failure of prison officials to prevent inmate assaults violates the Eighth Amendment, the court stated, only if prison...

...cell site records from AT & T violated his rights under the Texas Constitution. Specifically, Ford contends his rights under Article I, section nine—which mirror those of the Fourth Amendment...using his cell phone. Because the State did not secure a warrant before obtaining the historical cell site data from Ford's cell phone provider, Ford's Fourth Amendment rights were violat...Constitution. Fourth Amendment: Ford contends the State's acquisition of his historical cell site records from AT & T without a search warrant violated the...

...defendants had violated the police officer's rights under the Fourth Amendment of the United States Constitution by demanding his cell and home phone records in connection with the Duxbury Police...for the phone records at issue did not implicate the Fourth Amendment. As O'Connor explained, a government employee's "Fourth Amendment rights are implicated only if the conduct of the...)). The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const...

...not protected under the Fourth Amendment. The same things are true as to the locational information here. The defendants of course lack any property interest in cell-site records...), 1951(a). Before trial, Carpenter and Sanders moved to suppress the government's cell-site evidence on Fourth Amendment grounds, arguing that the records could b...government's collection of cell-site records created and maintained by defendants' wireless carriers was not a search under the Fourth Amendment. We review the district court's decision de novo. See...

Loading..
Loading..

Please log in or register for a free trial to access these features.

s Register now

Got It