cell site location information

Question 1

CSLI & GPS

Answer 1

ways to track a cell phone’s locaiton
CSLI: used for stationary tracking through cell phone towers
GPS: used for mobile tracking through satellite systems

Question 2

Cell Site Locaiton Information
CSLI

Answer 2

• always circumstantial evidence
• phone searches for tower with the stronges signal to connect to the mobile network
• when connection is made, the time & duration is recorded by the provider
• there is no guarantee the tower connected will be the nearest, it will just be near

Question 3

types of CSIL

Answer 3

historical: past movements
prospective: real time (used for fugitives)

Question 4

real time pinging

Answer 4

sending a signal to a phone and having it respond to reveal where data was connected
used in emergencies to force the phone to reveal its location to the carrier

Question 5

global positioning system
GPS

Answer 5

tracking phone movements using signals recieved from satellites at set intervals
locaiton is stored in the device or transmitted to a central location databalse through SMS, radio, or satellite modem

Question 6

US v. Carpenter

seminal CSLI case

Answer 6

SCOTUS Decision
a seizure of 7+ days of historical CSLI is a search requiring a PC search warant
the third party doctrine does not defeat individuals’ reasonable expectation of privacy in CSLI

Question 7

getting CSLI pre-Carpenter

Answer 7

stored communication act (D Order) and a pen register/trap & trace
pen register: used for outgoing calls
trap & trace: used for incoming calls

Question 8

getting CSLI post-Carpenter

Answer 8

police need a PC warrant for 7+ days of historical CSLI
*some jurisdictions require PC search warrant for real-time CSLI as well *

Question 9

Leon good faith exception

Answer 9

a loophole some prosecutors take to avoid suppression of evidence when they fail to obtain a warrant pre-Carpenter
(losing validity as time passes since Carpenter decision is more established now)

Question 10

Carpenter challenge to CSLI

Answer 10

• discovery motion requesting raw data & methodology of seizure
• motion to suppress pursuant to US v. Carpenter
• if a warrant was obtained, challenge foundation & authenticity of proffered CSLI records
• rely on privacy-protective state laws