Juan Manuel Sanchez-Jara v. United States
FourthAmendment CriminalProcedure Securities Privacy
Whether location of a cell phone user in his residence through use of a cell site simulator, without a probable cause warrant, but with a 'warrant and order' issued under 18 U.S.C. sec. 2703, is barred by the Fourth Amendment?
QUESTIONS PRESENTED I. Whether location of a cell phone user in his residence through use of a cell site simulator, without a probable cause warrant, but with a “warrant and order” issued under 18 U.S.C. sec. 2703, is barred by the Fourth Amendment? This Court has a pending petition raising a similar issue involving location of an individual in a parked automobile through use of a cell site simulator under a location-tracking warrant, though a search characterized by the appellate decision as being in a public place. United States v. Patrick, No. 17-6256, cert. filed October 15, 2017. II. Whether even if a probable case warrant had been obtained for use of a cell site simulator, use of the device would have resulted in a general search barred by the Fourth Amendment? i