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