CSS Case Inventory

Our CSS 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: "CSS search case" and filing deadline, if applicable).

Last updated: 6/30/18

Case Name Issue / Topic Jurisdiction Summary

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

EFF SCOTUS Amicus

Granted CSLI MTS

SCOTUS Held seizure of 7 days or more of CSLI is a search requiring PC SW; TPD does not defeat REP in CSLI.

U.S. v. Rigmaiden
2013 WL 1932800 (D. Ariz. 2013)

Denied CSS MTS

D. AZ First known CSS case. Thoroughly researched CSS MTS denied.

U.S. v. Raymond Lambis
197 F.Supp.3d 606 (S.D. N.Y. 2016)

EFF Lambis amicus

Granted CSS MTS

SD NY

Granted a motion to suppress for warrantless use of cell-site simulator and rejected the government’s attenuation and third-party doctrine arguments

US v. Tutis
216 F. Supp.3d 467 (D. N.J. 2016)

Denied CSS MTS

D. NJ

Wiretap SW for CSS use satisfied 4th Am’s particularity requirement.

State of Maryland v. Kerron Andrews
227 Md.App.350 (Md. Ct. Spec. App. 2015)

EFF Andrews amicus

Granted CSS MTS

MD Ct of Special Appeals

Granted motion to suppress for warrantless cell-site simulator use, rejected the third-party doctrine, and rejected pen register and trap & trace order as substitute for warrant

In re the Application of the US for an Order Authorizing the Installation and Use of a Pen Register and Trap Trace Device
890 F.Supp.2d 747 (S.D. Tex. 2012)

Good case: CSS use requires PC SW.

SD TX

Denied PR/TT Application b/c CSS use requires PC SW.

US v. Powell
847 F.3d 760 (6th Cir. 2017)

Denied CSS MTS

6th Circuit

CSS used to identify the 6 unknown cell phones did not undermine PC supporting the 2nd SWs for CSLI

U.S. v. Damian Patrick
842 F.3d 540 (7th Cir. 2016)

EFF Patrick amicus

Denied CSS MTS

7th Circuit

Rejected a motion to suppress argument that cell-site simulator use required a warrant. Rehearing en banc denied

Matter of the Application of the US for an Order Relating to Telephones Used by Suppressed
2015 WL 6871289 (N.D. Ill 2015)

Minimization of CSS use

N.D. IL

District Court order with guidelines for minimization of CSS use

US v. Ellis
270 F. Supp.3d 1134 (N.D. CA 2017)

Denied CSS MTS

ND CA

CSS use requires PC SW, but exigent circumstances justified warrantless CSS use and good faith & inevitable discovery preclude suppression

Prince Jones v. US
Case No. 15-CF-322 (DC Cir. 2017)

EFF Jones amicus

Granted CSS MTS

DC Circuit

CSS use requires SW. MTS should have been granted and good faith does not apply. Conviction reversed b/c based on fruits of warrantless CSS use.