Our CSLI case inventory is filterable by case name, jurisdiction, or topic issue. For a more detailed summary or helpful quote, click on the arrow to the left of the case name. If you see a case missing or in need of an update or would like amicus help in your case, contact defense@eff.org with the case information (Case name, case cite or court number, jurisdiction, subject: "digital device search case" and filing deadline, if applicable).

Last updated: 3/29/19

Case Name Issue / Topic Jurisdiction Summary

US v. Carpenter, 585 U.S. ___, 138 S. Ct. 2206 (2018)

EFF Carpenter Amicus

SW required for historical CSLI

SCOTUS Held seizure of 7 days or more of historical CSLI is a search requiring PC SW; third-party doctrine (TPD) does not defeat REP in CSLI.
Commonwealth v. Augustine
467 Mass. 230 (Mass. 2014)
SW required for historical CSLI

Sup. Ct of MA

Held REP in CSLI required SW and TPD doesn’t apply to CSLI, but “new rule” only applied to cases where conviction was not final.

State v. Earls
214 NJ 564, 570 (N.J. 2013)
SW required for real-time CSLI

Sup. Ct. of NJ

Held REP in CSLI required warrant under the New Jersey State Constitution, but “new rule” would not apply retroactively.

US v. Wallace
2018 WL 1391710 (5th Cir. Mar. 20, 2018)

SW NOT required for real-time CSLI

5th Circuit

Held that no SW required for real-time CSLI, but even if SW were required, state action was excused by good faith doctrine.

In the Matter of the Application of the US for and Order
727 F.Supp.2d 571 (W.D. TX 2010)
SW required for both historical and real-time CSLI

WD TX

Held warrant required for CSLI (overruled by Wallace; but Wallace overruled by Carpenter); also required SW be stand-alone doc separate from PR/TT order.

US v. Elmore (Gilton)
 
917 F.3d 1068 (9th Cir. 2019)

EFF Gilton amicus

Good Faith Exception applies pre-Carpenter; SW for historical CSLI lacked PC

9th Circuit

SW for CSLI lacked PC, but good faith exception to the exclusionary rule applied pre-Carpenter
In re Application for Telephone Information
119 F. Supp. 3d 1011 (N.D. CA 2015)
SW required for historical CSLI

ND CA

Held REP in CSLI and TPD did not apply. Required SW for CSLI.

Tracey v. State
152 So. 3d 504 (Fla. 2014)
SW required for real-time CSLI Sup. Ct. of FL Held there was both a subjective and objective REP in real-time CSLI that required state to get a SW.

US v Chambers
751 Fed.Appx. 44 (2nd Cir. 2018)
(not selected for publication)

Good Faith Exception applies pre-Carpenter 2nd Circuit SCA 2703(d) order to obtain CSLI records from defendant's wireless carrier was not supported by probable cause, but 4th Am. violation did not require suppression under good faith doctrine.

US v. Chavez
894 F.3d 593 (4th Cir. 2018)

Good Faith Exception applies pre-Carpenter 4th Circuit Good-faith exception to the exclusionary rule applied to investigators' requests for CSLI records using SCA 2703(d) orders.

US v. Curtis
901 F.3d 846 (7th Cir. 2018)

Good Faith Exception applies pre-Carpenter 7th Circuit Warrantless collection of CSLI recorded by defendant's cell-phone provide violated 4th Am., but fell within good faith exception to exclusionary rule.
US v. Joyner
899 F.3d 1199 (11th Cir. 2018)
Good Faith Exception applies pre-Carpenter 11th Circuit Good faith exception to warrant requirement applied to warrantless search of CSLI records that was in compliance with requirements of SCA and then-governing judicial precedent
Ferrari v. State of Florida
260 So.3d 295 (Fla. Dist. Ct. App. 2018)
Good Faith Exception does NOT apply pre-Carpenter Fla. 4th Dist. Ct. App. Warrantless search of historical CSLI records violated 4th Am. and good faith exception to the exclusionary rule was not applicable pre-Carpenter.
State v. Rone
2018 WL 4482462 (Del. Super. 2018)
SW required for historical CSLI pre-Carpenter Del. Super. Warrentless CSLI search pre-Carpenter requires suppression. There is no good-faith exception under the Delaware constitution according to the Delaware Supreme Court.
US v. Adkinson
916 F.3d 605 (7th Cir. 2019)
Good Faith Exception applies pre-Carpenter 7th Circuit Tower dump case. Telephone company was not transformed into a state agent by giving CSLI data collected from tower dumps to government without a SW. Good-faith exception to exclusionary rule applied to warrantless CSLI search collected using SCA 2703(d) order.
Comm. v. Almonor
(pending in Mass.)

EFF Almonor amicus
 Real-time CSLI tracking post- Carpenter pending in Sup. Ct of MA pending opinion from Massachusetts Supreme Court

State v. O'Donnell
(pending in Me.)

EFF O'Donnell amicus

 Real-time CSLI tracking post- Carpenter pending in Sup. Ct of ME pending opinion from Maine Supreme Court