Why We Do, What We Do – Adamo & Adamo Criminal Defense Law Firm
Why We Do, What We Do
This person came to us with her family after finding herself in a tough spot. A spot that seemed out of character for the type of person the girl was. Over time and with our guidance she was able to right the ship and now has plans to attend law school. True to character she wanted to thank and update us on her well deserved accomplishments. It is these relationships that act as the foundation of the Adamo & Adamo Law Firm and why we understand that we are more than just a law firm.
Does the government need a warrant to obtain cell site location information?
Cell phones perform their wide and growing variety of functions by continuously connecting to a set of radio antennas called “cell sites.” Each time a phone connects to a cell site, it generates a time stamped record known as cell site location information (CSLI). Wireless carries collect and store this information for their own business purpose. A person’s phone number and phone records may then be used to pinpoint their location over a specific time period.
The question is whether the government may seize the phone records without fist obtaining a warrant supported by probable cause.
The answer as seen in Carpenter v. United States is yes.
In Carpenter, the government acquired the defendant’s phone records via a court order (as opposed to a probable cause warrant) to pinpoint his location and show he (or his phone) was at the location where several robberies took place.
On appeal, the United States Supreme Court, in a 5-4 decision ruled a person has an expectation of privacy in the wealth of information provided by cell sites, including their location, and the 4th Amendment applies. As such, absent a lawful warrant supported by probable cause, the phone records were obtained unlawfully and should not have been used at trial.