No. 18-9437

In Re Steven Weste

Lower Court: N/A
Docketed: 2019-05-28
Status: Denied
Type: IFP
IFP
Tags: carpenter-v-united-states cell-site-location-information criminal-procedure exigent-circumstances fourth-amendment fourth-amendment-privacy government-subpoena privacy-rights subpoena warrant-requirement
Key Terms:
DueProcess FourthAmendment HabeasCorpus Privacy
Latest Conference: 2019-06-13
Question Presented (AI Summary)

Does the government's use of a pretrial subpoena to obtain a defendant's historical cell-site location information (CSLI) from a wireless carrier violate Carpenter v. United States?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW If the government issued pretrial a subpoena to a defendant’s cell phone provider for historical cell-site location information (CSLI) in order to find a crime scene and, as a result of the subpoena, the government was able to discover the list , of phone calls by the defendant, the CSLI for the defendant, and the locations of the cell towers, does this government action violate Carpenter _v. United States, __US.__, 138 S.Ct. 2206, 201 L.Ed.2d 507 (2018) (the government must use a warrant, in the absence of an exception such as exigent circumstances, to obtain CSLI from wireless carriers)?

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Steven Weste
Michael Clark GrossGross & Esparza, PLLC, Petitioner