Legal Opinion
In re the United States for an Order Authorizing Prospective & Continuous Release of Cell Site Location Records
District Court, S.D. Texas
Decided July 15, 2014No. Criminal Action No. H:13-1198MPublishedCited by 8 opinions
1Opinion of the Court
*890 OPINION
STEPHEN WM. SMITH, United States Magistrate Judge.
Recent case law prompts this court to confront yet again an important question of electronic surveillance law: Under what statutory authority is law enforcement permitted to continuously monitor a cell phone’s location in (or near) real time?
Background
As part of a drug trafficking investigation, the government has applied for an order under § 2703(d) of the Stored Communications Act (SCA) compelling a phone company to disclose, among other information, cell site data for a target phone “on a continuous basis contemporaneous with” the…
2Cases cited24 opinions
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- Berger v. New YorkSupreme Court of the United States · 1967
- Riley v. Cal. United StatesSupreme Court of the United States · 2014
- United States v. KaroSupreme Court of the United States · 1984
- In re the United StatesCourt of Appeals for the Fifth Circuit · 2013
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State of Missouri v. David Russell HosierSupreme Court of Missouri · 2015
- In re Application for Cell Tower Records Under 18 U.S.C. § 2703(D)District Court, S.D. Texas · 2015
- In re United States for an Order for Authorization to Obtain Location Data Concerning an At & T Cellular TelephoneDistrict Court, N.D. Mississippi · 2015
- United States v. WhiteDistrict Court, E.D. Michigan · 2014
- Facebook, Inc. v. State of New JerseySupreme Court of New Jersey · 2023
3 more not listed; retrieve them via the Exa API.