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Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm
Loaded on June 15, 2020
by Anthony Accurso
published in Criminal Legal News
July, 2020, page 9
Filed under:
Cell-Phones.
Location:
United States of America.
by Anthony Accurso
The Office of Homeland Security (“OHS”) has been purchasing “anonymized” cellphone location data for use in Customs and Border Protection (“CBP”) investigations, according to information obtained by the Wall Street Journal.
Under Carpenter v. United States, 138 S. Ct. 2206 (2018), law enforcement agents are ...
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More from this issue:
- A Nation on the Brink, by Christopher Zoukis
- Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm, by Anthony Accurso
- From the Editor, by Richard Resch
- Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association, by David Reutter
- This Is Not a Revolution. It’s a Blueprint for Locking Down the Nation, by John W. Whitehead
- Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule, by Dale Chappell
- Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial, by Douglas Ankney
- California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition, by Douglas Ankney
- Police Violence Detrimental to Public Health, by Douglas Ankney
- Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing, by Dale Chappell
- Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence, by Anthony Accurso
- New Hampshire Supreme Court: Police Violated Miranda in Obtaining First Statement, and State Failed to Prove Second Statement Was Voluntary, by Douglas Ankney
- 5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race, by Douglas Ankney
- Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data, by Anthony Accurso
- Second Circuit: Three Important Rulings Under First Step Act, by Dale Chappell
- Marijuana Possession in Virginia Remains Illegal But Is Decriminalized, by Douglas Ankney
- Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement, by Dale Chappell
- COVID-19 Creates Opportunity for Big Brother in the Sky, by Michael Fortino, Ph.D
- Biden Accuser Accused of Inflating Credentials to Qualify as Expert Witness, Calling Convictions into Question, by Derek Gilna
- Perjurous New York City Cop Sentenced to a Single Day in Jail, by Edward Lyon
- Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy, by Dale Chappell
- Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea, by David Reutter
- Is the Death Penalty Slowly Dying Across the Nation?, by Chad Marks
- Joint State-Federal Task Forces Practice Rogue Justice Under Protection of Qualified Immunity, by Michael Fortino, Ph.D
- Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights, by Dale Chappell
- Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement, by Douglas Ankney
- Justice Office Awards $145 Million in Forensic Science Grants, by Anthony Accurso
- Carpenter Slowly Remaking Fourth Amendment Case Law, by Anthony Accurso
- California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision, by David Reutter
- Aggressive NYPD Police Tactics Spreading COVID-19, by Michael Fortino, Ph.D
- COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail, by Douglas Ankney
- California Supreme Court Announces Sentencing Law Changes Apply Until Revocation Sentence Becomes Final, by Anthony Accurso
- NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled, by Douglas Ankney
- Report: Cops Ill-Equipped to Handle Mental Illness Crisis in Hospitals, by Edward Lyon
- Plenty of Practice Prevents Poor Police Performance, by Edward Lyon
- Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions, by Douglas Ankney
- First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act, by Douglas Ankney
- Minnesota Supreme Court: Hotel Guests Have Reasonable Expectation of Privacy in Registry Information, by Douglas Ankney
- Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act, by Dale Chappell
- DNA Database of NYC’s Chief Medical Examiner Plagued with Errors, by Douglas Ankney
- South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases, by Douglas Ankney
- Pennsylvania Supreme Court: Expired Vehicle Registration Isn’t ‘Breach of the Peace’ Justifying Traffic Stop, by Douglas Ankney
- Report: Risk Assessment Tools not Effective, Especially When not Used, by Kevin Bliss
- Sixth Circuit: District Court’s Refusal to Reduce Crack Sentence Under First Step Act Requires Justification, by Dale Chappell
- Florida Supreme Court Abandons Circumstantial Evidence Review Standard, by David Reutter
- Courts Oppose Prosecutors’ Attempts to Right Past Wrongs, by Douglas Ankney
- No Trust Between Police and Communities They Patrol, by Kevin Bliss
- COVID-19 May Ring in a New Era of High-Tech Private Policing, by Michael Fortino, Ph.D
- North Carolina Supreme Court: Giving Finger to Police Not Disorderly Conduct Justifying Traffic Stop, by Dale Chappell
- New Technique Separates Mixed DNA Evidence to Tell Suspects from Victims, by Dale Chappell
- Feds Ramp up Purchase of Riot Gear in Wake of COVID-19 Pandemic, by Douglas Ankney
- Army Veteran Serving Life Without Parole for Taking $9, by Douglas Ankney
- Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence, by Matthew Clarke
- News in Brief
More from Anthony Accurso:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
- Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024
More from these topics:
- Protect Yourself Against Police Invasion of Your Cellphone, Jan. 15, 2025. Searches - Cellphones/Computers/Internet, Cell-Phones.
- Seventh Circuit Announces Search of Cellphone at Border Constitutes Routine Inspection and Does Not Require Warrant, Probable Cause, or Even Individualized Suspicion, Nov. 1, 2024. Enforcement of Immigration Laws, Cell-Phones, Immigration Law/Offenses.
- Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, April 15, 2024. Contractor Misconduct, Cell Phone Access, Searches - Cellphones/Computers/Internet, Cell-Phones.
- FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality, March 15, 2024. Government Misconduct, FBI, FISA-Foreign Intelligence Surveillance Act, Police State-Surveillance, Foreign Intelligence Surveillance Act (FISA), Cell-Phones, Electronic Surveillance, Electronic Communictions Privacy Act.
- Police Can Get More From Your Phone Than You May Believe, Sept. 1, 2023. Police State-Surveillance, Cell-Phones.
- Police Departments’ Purchase of Tracking Tool Collecting Location Data Without a Warrant Raises Fourth Amendment Concerns, Feb. 19, 2023. Police State-Surveillance, Cell-Phones, Cell Site Location Information ("CSLI"), Electronic Surveillance, Fourth Amendment.
- How Law Enforcement Get Past Phone Encryption, Nov. 15, 2021. Cell-Phones.
- Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns, Dec. 15, 2020. War on Drugs, Probable/Proximate Cause, Cell-Phones.
- IRS May Have Obtained Phone Location Data Without Warrant, Nov. 3, 2020. Cell-Phones.
- Protecting Your Phone at Protests, Sept. 15, 2020. Protests, Cell-Phones.