FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Whether the warrantless acquisition of cell site location information from a cell phone provider violates the Fourth Amendment
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