×
You've used up your 3 free articles for this month. Subscribe today.
Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception
by Richard Resch
The Supreme Court of Vermont held that individuals have a reasonable expectation of privacy under the state Constitution in their real-time cell site location information (“CSLI”), and obtaining this information by police requires a warrant, unless a recognized exception to the warrant requirement applies.
…
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- The Business of Dying: Coroners, Medical Examiners, and the Crisis of Death Investigations in the United States, by Benjamin Tschirhart
- Wisconsin Supreme Court: Riding Same Make of Motorcycle as Reported by Police Speeding and Driving Erratically Does Not Constitute Reasonable Suspicion to Initiate Traffic Stop, by Anthony Accurso
- Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number, by Richard Resch
- Computing Fear in Black and Brown Communities, by Michael Thompson
- Police Killings Reach Record High – But Also Lower than Ever Before, by Benjamin Tschirhart
- How Junk Science Helped Kill Tyre Nichols, by Eike Blohm, MD
- Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages, by Matthew Clarke
- Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, by Mark Wilson
- First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance, by Richard Resch
- Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs, by Richard Resch
- Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception, by Richard Resch
- Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, by Harold Hempstead
- A Brief History of K-9 Units in Law Enforcement, by Kevin Bliss
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, by Dale Chappell
- New York State’s Veterans Treatment Courts, by Edward Lyon
- Police Violence Ignored When It Fails to Support the Media’s Ideological Bias, by Benjamin Tschirhart, Richard Resch
- Arizona Wants to TRAC Your Financial Transactions, by Michael Thompson
- How Minneapolis Uses Controversial Technology to Spy on Its Citizens, by Michael Thompson
- Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, by Mark Wilson
- California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal, by Douglas Ankney
- The FBI Used an Undercover Cop With Pink Hair to Spy on Activists and Manufacture Crimes, by Trevor Aaronson
- Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial, by Mark Wilson
- Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing, by Douglas Ankney
- Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, by Douglas Ankney
- Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider, by Richard Resch
- Supervised Release and the Erosion of Due Process Protection, by Benjamin Tschirhart
- Houston Prosecutors Profit Millions From Cash Illegally Seized, by Jacob Barrett
- California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed, by Richard Resch
- Beware of Smart Devices That Infringe on Your Privacy, by Casey Bastian
- News in Brief
- California Court Rejects Geofence Warrant, by Anthony Accurso
More from Richard Resch:
- Barred Before the Merits: A Federal Prisoner’s Guide to Federal Habeas Relief, Oct. 15, 2026
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026
- Massachusetts Supreme Judicial Court Announces Postconviction Forensic Testing Statute Permits Digital Forensic Analysis of Cellphones, Holding Chapter 278A Not Limited to Tangible Evidence Testable for Biological Material, Aug. 1, 2026
- Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026
- New Mexico Supreme Court Announces Article II, Section 10 Exclusionary Rule Governs Admissibility of Evidence Seized Outside State by Non-New Mexico Officers, Aug. 1, 2026
- Surveillance for Sale: The Data Broker Loophole and the Fourth Amendment After Chatrie, July 1, 2026
- Retroactive Guideline Amendments: The Narrow Path to a Federal Sentence Reduction, July 1, 2026
- SCOTUS Announces Accessing Google Location History Data Constitutes a Fourth Amendment Search, Holding That Neither Brief Duration Nor Third-Party Storage Negates Reasonable Expectation of Privacy in Cellphone Location Information, July 1, 2026
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026
- U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026
More from these topics:
- Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, Sept. 1, 2026. Cell Site Location Information ("CSLI"), Failure to Consult/Investigate/Raise, Trial Strategy, Evidence - Integrity/Reliability of, Prejudice - Potential for Undue.
- SCOTUS Announces Accessing Google Location History Data Constitutes a Fourth Amendment Search, Holding That Neither Brief Duration Nor Third-Party Storage Negates Reasonable Expectation of Privacy in Cellphone Location Information, July 1, 2026. Particularity Requirement, Probable Cause, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
- New Jersey Supreme Court Announces Historical CSLI Must Be Presented Through Expert Testimony, Rejecting Lay Mapping of Cell-Tower Locations Because Interpreting CSLI Requires Technical and Specialized Knowledge Beyond “Ken” of Average Juror, May 1, 2026. Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Prejudice - Potential for Undue, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- Beyond Geofence Warrants: Chatrie, Reverse-Location Surveillance, and the Fourth Amendment Fight Over Digital Dragnets, May 1, 2026. Police State-Surveillance, Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Electronic Surveillance.
- 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.
- 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").




