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Kentucky Supreme Court Announces Obtaining Real-Time CSLI Data Constitutes a Search Under Fourth Amendment, Addressing Legal Question U.S. Supreme Court Explicitly Left Open in Carpenter
Loaded on Dec. 15, 2022
by Anthony Accurso
published in Criminal Legal News
January, 2023, page 38
Filed under:
Cell-Site-Location Records,
Cell Site Location Information ("CSLI"),
Fourth Amendment.
Location:
Kentucky.
by Anthony W. Accurso
In a case of first impression, the Supreme Court of Kentucky upheld a suppression order, holding that individuals have a reasonable expectation of privacy in their real-time cell-site location information (“CSLI”) and that searches thereof are subject to the Fourth Amendment.
Late one evening, Dovontia Reed ...
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More from this issue:
- False Confession Generator: How Accusatorial Interrogations Undermine the Pursuit of Justice, by Anthony Accurso
- Arizona Supreme Court Announces Jury Unanimity Required Regarding Narcotic Type Under Possession Statute, by Anthony Accurso
- Against the Flow: How the National Registry of Exonerations Is Working to Turn the Tide of Wrongful Convictions Across U.S., by Benjamin Tschirhart
- Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release, by Douglas Ankney
- Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices, by Douglas Ankney
- First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred, by Douglas Ankney
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, by Dale Chappell
- Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims, by Douglas Ankney
- Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed, by Jacob Barrett
- Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act, by David Reutter
- Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence, by Douglas Ankney
- Prosecutors in These States Can Review Sentences They Deem Extreme. Few Do., by Matt Nadel, Charlie Lee
- Fourth Circuit Announces Substantive Reasonableness Review Applies to All Proceedings Under § 404 of First Step Act, Regardless of Whether Motion Is Granted or Denied, by Douglas Ankney
- Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments, by Douglas Ankney
- Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause, by Anthony Accurso
- Kentucky Supreme Court Announces Obtaining Real-Time CSLI Data Constitutes a Search Under Fourth Amendment, Addressing Legal Question U.S. Supreme Court Explicitly Left Open in Carpenter, by Anthony Accurso
- New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’, by Douglas Ankney
- Miami Police Officer Who Broke ‘Blue Code of Silence’ Being Investigated, by Casey Bastian
- Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement, by David Reutter
- NIST’s Upgrade to Software Reference Library Makes Data More Accessible to Law Enforcement, by Douglas Ankney
- For $10 Billion, New Yorkers Get a Police Package Deal That Includes Corrupt Career Officers and Almost 1,000 Criminal Cases Tossed, by Douglas Ankney
- Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton, by Douglas Ankney
- Variability in Records Requests Obscures Police Use of Surveillance, by Anthony Accurso
- U.S. Senator to Federal Agency: Investigate Abusive Use of Administrative Subpoena Power to Gather Bulk Financial Records, by Casey Bastian
- Fog Data Science, Your Hometown Data Broker, by Anthony Accurso
- News in Brief
- Due Processless Civil Asset Forfeitures in Houston, Texas, by Edward Lyon
More from Anthony Accurso:
- Stinging Back: Resisting Government Surveillance of Cellphones, May 15, 2024
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., May 15, 2024
- Police Body Cameras, A Decade Later, May 15, 2024
- Use of Solitary Confinement on the Rise in ICE Facilities, May 15, 2024
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, April 15, 2024
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, April 15, 2024
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, April 15, 2024
- The FBI’s Rapidly Expanding DNA Database, April 15, 2024
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024
More from these topics:
- Stinging Back: Resisting Government Surveillance of Cellphones, May 15, 2024. Police State-Surveillance, Cell-Site-Location Records, Searches - Cellphones/Computers/Internet, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Stingray, Electronic Surveillance.
- Cellular Roaming’s Inadequate Security, May 15, 2024. Police State-Surveillance, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
- Googling Your Privacy, May 15, 2024. Police State-Surveillance, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
- Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, Feb. 15, 2024. Police Misconduct, Excessive Force (Police), Fourth Amendment, rights, Police/Govt Misconduct, Monell Liability, Fourth Amendment.
- Geofencing January 6th, Nov. 1, 2023. Cell Site Location Information ("CSLI").
- The Serious Threat of Cell-Site Simulators, Sept. 1, 2023. Cell-Site-Location Records.
- Your Texts, Emails, and Location Are Available to Law Enforcement, Regardless of How Law-Abiding You Are, Aug. 1, 2023. Cell Searches, Cell Site Location Information ("CSLI").
- California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed, May 15, 2023. Cell Site Location Information ("CSLI"), Good Faith, Fourth Amendment.
- California Court Rejects Geofence Warrant, May 15, 2023. Cell Site Location Information ("CSLI").
- Secret Service and ICE Used Stingray Devices Without Warrants, Watchdog Finds, May 12, 2023. Immigration, Police State-Surveillance, Cell Site Location Information ("CSLI").
