Legal Opinion

In re Application for Cell Tower Records Under 18 U.S.C. § 2703(D)

District Court, S.D. Texas

Decided March 9, 2015No. H-15-136MPublishedCited by 3 opinions

1Opinion of the Court

OPINION

STEPHEN WM. SMITH, United States Magistrate Judge.

On February 10, 2015 the Government filed this application under section 2703(d) of the Stored Communications Act seeking somewhat unusual authority — an order compelling seven different cell phone service providers to release historical cell tower data for specific towers providing service to a crime scene within Houston city limits at the hour of the crime. What is unusual is that, unlike most requests for account records under the SCA, the targeted account is not specified; neither the phone number nor the identity of the phone’s…

2Cases cited12 opinions

  1. Riley v. Cal. United StatesSupreme Court of the United States · 2014
  2. First National Bank in St. Louis v. MissouriSupreme Court of the United States · 1924
  3. In re the United StatesCourt of Appeals for the Fifth Circuit · 2013
  4. Navarro-Miranda v. AshcroftCourt of Appeals for the Fifth Circuit · 2003
  5. United States v. Javier GuerreroCourt of Appeals for the Fifth Circuit · 2014

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3Cited by3 opinions

  1. United States v. PembrookDistrict Court, E.D. Michigan · 2015
  2. Jason Berry v. Federal Bureau of Investigation, et al.District Court, D. New Hampshire · 2018
  3. Latex Construction Company v. Nexus Gas TransmissionDistrict Court, S.D. Texas · 2020

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