Legal Opinion

In Re United States for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government

District Court, W.D. Pennsylvania

Decided February 19, 2008No. Magistrate's No. 07-524MPublishedCited by 19 opinions

1Opinion of the Court

OPINION AND MEMORANDUM ORDER

LISA PUPO LENIHAN, United States Magistrate Judge.

1. SUMMATION OF OPINION

The Court writes to express its concerns regarding the Government’s ex parte applications for cellular telephone (“cell phone”) subscriber information from which it may identify an individual’s past or present physical/geographic movements/locations not on a showing of probable cause to believe that the information will provide evidence in an investigation premised on a reasonable suspicion of criminal activity, as under the Fourth Amendment, 1 but rather on an articulable, reasonable belief…

2Cases cited43 opinions

  1. Miller-El v. CockrellSupreme Court of the United States · 2003
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Katz v. United StatesSupreme Court of the United States · 1967
  4. Chimel v. CaliforniaSupreme Court of the United States · 1969
  5. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936

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3Cited by19 opinions

  1. American Civil Liberties Union v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 2011
  2. American Civil Liberties Union of Northern California v. United States Department of JusticeCourt of Appeals for the Ninth Circuit · 2018
  3. In re the United States for an Order Authorizing Disclosure of Location Information of a Specified Wireless TelephoneDistrict Court, D. Maryland · 2011
  4. In Re of the United States for Historical Cell Site DataDistrict Court, S.D. Texas · 2010
  5. In Re the United States for an Order Authorizing the Use of Two Pen Register & Trap & Trace DevicesDistrict Court, E.D. New York · 2008

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