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Recent Cases Involving CDRs  

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The Second Circuit ruled that the lower court made no error in declining to suppress location information accessed from defendant’s cell phone records, deciding that the U.S. Supreme Court’s decision in Carpenter, which prevents law enforcement from accessing cell phone location information without a warrant, could not be the basis to overturn defendant’s conviction because law enforcement was acting under existing precedent at the time.

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The Seventh Circuit unanimously affirmed defendant’s robbery conviction, even though he was placed at the scene of the robbery by cellphone location information obtained without a warrant, finding that although the U.S. Supreme Court’s decision in Carpenter ruled that such searches violated the Fourth Amendment, law enforcement in the instant case had obtained the information prior to Carpenter.

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The Eleventh Circuit upheld the lower court’s denial of motions to suppress cell site data obtained through three court orders pursuant to the SCA because the SCA order allowing government access to the cellular provider’s records was not constitutionally unreasonable and the officers acted in good faith

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Nick Barker

Posted : 06/09/2018 1:50 pm