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FL4: Cell site historial information obtainable by court order, search warrant not required

By John Wesley Hall, Jr.

Florida holds in a case of first impression for a state court that applications for historical cell site information was obtainable by court order and not a search warrant. Mitchell v. State, 2009 Fla. App. LEXIS 20396 (Fla. App. 4th DCA December 30, 2009): In a case of first impression, the District Court for Massachusetts held that historical cell site information was obtainable through a court order issued pursuant to subsections 2703(c)(1)(B) and (d) of Title 18 of the United Stat4ed Code. In re Applications of the U.S. for Orders Pursuant to Title 18 U.S.C. § 2703(d), 509 F. Supp. 2d 76 (D. Mass. 2007) (reversing a decision by the Magistrate Judge which required a warrant to obtain historical cell site information). The district court applied a three-part test to determine if section 2703 provided a proper means to obtain the information...continue to full post

Full post as published by Fourth Amendment on January 01, 2010 (boomark / email).