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.
Harris County Criminal Courthouse After Hurricane Harvey
Life at the Harris County Criminal Courthouse Post-Harvey
Hurricane Harvey has come and gone, but its impact still looms.
The Harris County Criminal Courthouse no novice to flooding took its worst hit yet during Harvey. Not only were the ground floors flooded, but the sewage pipes burst causing a sh*t storm (literally) within the building walls. Time estimates have the artist formerly known as the HCJC out of commission for nearly a year (if not longer).
As such Houston’s criminal justice system is now spread around three courthouses: the Family Law Center (misdemeanor and specialty courts), the Civil Courthouse Building (felony courts), and the Juvenile Detention Building (juvenile and the 182nd and 351st Criminal District Courts). While all felony courts begin at 8:30 am sharp, the misdemeanor courts are staggered with both 8:30 and 12:30 dockets.
Harris County Criminal Courthouse Locations
Harris County Misdemeanor Courthouse Docket Times
8:30 Docket Call:
County Courts at Law No. 1, 3, 7, 9, 11, 14, 15, and 16
12:30 Docket Call:
County Courts at Law No. 2, 4, 5, 6, 8, 10, 12, and 13
*check your bond papers for the court and time.