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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
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- 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
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- 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
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- 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
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- Nearly $60,000 Awarded to Mother Of Dead Missouri Prisoner In Suit For His DOC Records, July 15, 2025
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- Ongoing Detainee Deaths Push Rikers Island into Federal Court Receivership, July 15, 2025
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More from these topics:
- Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement, July 1, 2025. Immigration, Fifth Amendment, Searches - Border Stops/Searches, Level of Suspicion, Routine vs. Non-Routine Border Searches, Immigration Law/Offenses, Fourth Amendment.
- Not-So-Friendly Neighborhood Spidernet: Emerging Mass Surveillance Tool to Weave a Web Around Your Digital Life, July 1, 2025. Fifth Amendment, Advanced Imaging Technology, Fourth Amendment.
- New Orleans Police Continue Using Facial Recognition Despite City Restrictions, July 1, 2025. Police State-Surveillance, Cell-Site-Location Records, Electronic Surveillance, Authorization.
- Warrantless Device Inspections Surge at the U.S. Border, April 15, 2025. Policy versus Practice, Cell Site Location Information ("CSLI"), Searches - Border Stops/Searches, Detention - Generally.
- Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers, April 15, 2025. Databases, Searches - Cellphones/Computers/Internet, Immigration Law/Offenses, Fourth Amendment.
- EFF Launches Rayhunter: A New Tool to Detect Covert Cellular Surveillance, March 15, 2025. Police State-Surveillance, Cell Site Location Information ("CSLI").
- Cell-Site Simulator Proposal: A Glimpse Inside the Black Box Whose Secrets Are Protected by NDAs and Obfuscation, Dec. 1, 2024. Police State-Surveillance, Cell-Site-Location Records, Cell Site Location Information ("CSLI").
- Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’, Oct. 1, 2024. Cell Site Location Information ("CSLI"), Warrants - General Search.
- Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, Oct. 1, 2024. Exception to Warrant Requirement, Cell Site Location Information ("CSLI"), Immigration Law/Offenses.
- The FBI Really Doesn’t Want the Public to Know About This Surveillance Device, Sept. 1, 2024. FBI, Police State-Surveillance, Searches - Cellphones/Computers/Internet, Cell Site Location Information ("CSLI").
