Week 3

Case where Police gathered data points from D's location under the Stored Communications Act allowing it to access cell-site location information (CSLI) records from D's wireless carriers.

Did the gov’t conducted a search under the 4th amendment when they accesses historical cell phone records that provided comprehensive chronicle of D past movement ?

The right for people to be secure in their person, houses, papers and effect, against unreasonable search and seizures shall not be violated

no warrants shall issue, but upon probable cause , supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”

Search and Seizure must be supported by _____

___ is the tradition standard of the 4th amendment

There was a search in Carpenter due to ___

exists “where the facts and circumstances within the officers’ knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a [person] of reasonable caution in the belief that an offense has been or is being committed.”

Aguilar 2 part rule

a search warrant is ____ where it fails to set forth the underlying circumstances necessary to enable the magistrate to make an independent judgment of the conclusions in it; and where it does not provide support showing that the informant’s assertions were credible.

Spinelli- Aguilar 2 prong test for PC

An affidavit that lacks sufficient detail to explain why an informant is reliable and how he came to his conclusions ____ provide the necessary probable cause to obtain a search warrant.

Moves away form 2prong test to a more flexible standard

There was enough PC in Gates to support the officers warrant b/c

Overruled Spinelli-Aguilar Test and held that tips should be evaluated based on the totality of the circumstances.