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N.D.Cal.: 9th Cir. CSLI warrants are governed by Pineda-Moreno GPS case

By John Wesley Hall, Jr.

Cell site location information (“CSLI”) warrants in the Ninth Circuit have to be governed by its GPS case, Pineda-Moreno, and the government prevails. United States v. Velasquez, 2010 U.S. Dist. LEXIS 118045 (N.D. Cal. October 22, 2010): In any event, even if defendant Velasquez had demonstrated a subjective expectation of privacy in (415) 240-0634, he cannot demonstrate that he had a reasonable expectation of privacy for Fourth Amendment purposes. There is no legitimate expectation of privacy in basic, non-content phone records — such as the telephone numbers of incoming and outgoing calls — which are by their nature voluntarily conveyed to the third-party service provider. See, e.g., Smith v. Maryland, 442 U.S. 735, 744, 99 S...continue to full post

Full post as published by Fourth Amendment on November 10, 2010 (boomark / email).