Commonwealth v. Fredericq

CYPHER, J. (concurring in part and dissenting in part).

The Commonwealth concedes that the cell site location information (CSLI) tracking of Cassio Vertil's (Cassio's) cellular telephone (cell phone) was unlawful because it was not authorized by a search warrant. It argues, however, that the defendant did not have standing to challenge the unlawful tracking. I agree with the court that under *182Commonwealth v. Rousseau, 465 Mass. 372, 382, 990 N.E.2d 543 (2013), the defendant has standing to challenge the search of Cassio's cell phone because his movements were tracked for six days.1 Because the…