No. 18-9485

Dante Taylor v. New York

Lower Court: New York
Docketed: 2019-05-30
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: cell-site-location cell-site-location-information exigent-circumstances fourth-amendment privacy-interest reasonable-expectation-of-privacy secure-communications-act statutory-violation suppression-remedy warrantless-search
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the warrantless acquisition of cell site location information from a cell phone provider violates the Fourth Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Three days after a body was discovered in a home in Sodus, New York, the investigation centered on your petitioner. They contacted my parole officer and began to conduct surveillance Se of my home and place of employment. Notwithstanding this fact, the police, invoking claims of exigent circumstances that had long extinguished, went directly to my cell phone provider and requested my cell phone’s cell site location information. No judge or magistrate was ever consulted. Nor were the rules of the Secure Communications Act respected. Your writer was , eventually arrested, and the County Court denied suppression, holding, amongst other things, that there was no privacy interest in the cell site location information obtained on July 18, 2013. On February 2, 2018, in a twelve page Decision and Order, the Appellate Division, . Fourth Department Affirmed the suppression court’s findings, holding, amongst other things, that your petitioner did not have a reasonable expectation of privacy in the cell site location data, and that there was no suppression remedy for the authorities statutory violations of 18 U.S.C. §§ ; 2701(b), and 2707 (see People v. Taylor, 158 A.D.3d-1095 [4% Dept. 2018]; also see

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-09-24
Brief of respondent State of New York in opposition filed.
2019-08-07
Motion to extend the time to file a response is granted and the time is extended to and including September 27, 2019.
2019-08-02
Motion to extend the time to file a response from August 28, 2019 to September 27, 2019, submitted to The Clerk.
2019-07-29
Response Requested. (Due August 28, 2019)
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-06
Waiver of right of respondent New York to respond filed.
2019-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)
2019-03-18
Application (18A940) granted by Justice Ginsburg extending the time to file until June 2, 2019.
2019-03-04
Application (18A940) to extend the time to file a petition for a writ of certiorari from April 3, 2019 to June 2, 2019, submitted to Justice Ginsburg.

Attorneys

Dante Taylor
Dante Taylor — Petitioner
Dante Taylor — Petitioner
New York
Wendy Evans LehmannNew York Prosecutor's Training Institute, Respondent
Wendy Evans LehmannNew York Prosecutor's Training Institute, Respondent
State of New York
John M. CastellanoQueens County District Attorney's Office, Respondent
John M. CastellanoQueens County District Attorney's Office, Respondent