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Digital Location Tracking

A cell phone’s location can be detected through cell site location information (CSLI) or global positioning system (GPS) data. CSLI refers to the information collected as a cell phone identifies its location to nearby cell towers.


Geofence

  • Motion to Suppress Geofence Warrant

  • Defendant's Reply - Motion to Suppress Geofence Warrant

  • Supplemental Motion to Suppress Geofence Warrant

 

Stingray

  • Defendant's Reply - Motion to Suppress Stingray Warrant

  • Amicus in United States v. Robert Harrison (2014)

 

Packet Sniffer

  • Order on Motion to Suppress in Oregon v. Simons

  • Memorandum in Support of Motion to Suppress in Oregon v. Simons

  • Reply to State's Response to Motion to Suppress in Oregon v. Simons

  • Motion to Suppress
     

Tower Dump

  • Motion to Suppress
     

Real-Time CSLI (E911)

  • Amicus in Maine v. Kevin O'Donnell (2018)
     


Resources

                                                         


Video Trainings

Unwarranted Access: New York State Geolocation Ban


This webinar from May 28, 2020 featured Dan Quart, Assembly Member for the 73rd District of New York, and Michael Price, Senior Litigation Counsel for NACDL’s Fourth Amendment Center. 

Examining the Practical Limits and Privacy Risks of Technical Systems to Combat the Pandemic


This webinar from May 13, 2020 featured Catherine Crump, Assistant Clinical Professor of Law and Director of the Samuelson Law, Technology & Public Policy Clinic at UC Berkeley, School of Law, and Daniel Kahn Gillmor, Senior Staff Technologist for the ACLU's Speech, Privacy, and Technology Project.

Algorithms and Criminal Justice - Litigating the Black Box 


This program from November 29-30, 2018 featured Stephanie Lacambra, Assistant District Attorney with the San Francisco District Attorney's Office, Rashida Richardson, Visiting Scholar at Rutgers Law School and the Rutgers Institute for Information Policy and the Law, and Andrea Roth, Professor of Law at the U.C. Berkeley School of Law.

The Third-Party Doctrine and Location Tracking After Carpenter 


This program from November 29-30, 2018 featured Megan Graham, Clinical Supervising Attorney in the Samuelson Law, Technology & Public Policy Clinic at UC Berkeley, School of Law, Hon. Stephen Smith, Director of Fourth Amendment & Open Courts at Stanford's Center for Internet and Society, and Nathan Freed Wessler, Staff Attorney with the ACLU Speech, Privacy, and Technology Project.

Location Privacy after Carpenter

This program from July 2, 2018 featured Laura Moy, Deputy Director, Center on Privacy & Technology at Georgetown Law, Professor Sibren Isaacman, Cellular Network Data Expert at Loyola University Maryland, Nathan Freed Wessler, Staff Attorney with the ACLU Speech, Privacy, and Technology Project, Professor Laura Donohue at Georgetown Law, Professor Stephanie Pell at West Point’s Army Cyber Institute, Alvaro Bedoya, Executive Director, Center on Privacy & Technology at Georgetown Law, Matt Mitchell, Digital Safety and Privacy Expert, Jason Downs, Partner at Downs Collins, Todd Hesel with the Maryland Office of the Attorney General, and Jumana Musa, Director of NACDL's Fourth Amendment Center.


 

Other Resources

  • Developments in Federal Search and Seizure Law
    • Federal Public Defenders (Oregon)
  • Stingrays: The Most Common Surveillance Tool the Goverment Won't Tell You About: A Guide for Criminal Defense Lawyers
    • ACLU of Northern California 
  • Department of Homeland Security's Response to Senator Ron Wyden, regarding foreign IMSI catchers in the Capital Region
    • Department of Homeland Security
  • Law Enforcement Use of Cell-Site Simulation Technologies: Privacy Concerns and Recommendations
    • U.S. House of Representatives, Committee on Oversight and Government Reform, Committee Staff Report, December 2016
  • U.S. House Committee on Oversight and Reform, Hearing on Geolocation Technology and Privacy
    • U.S. House Committee on Oversight and Reform
  • CALEA Compliance Manual for MetroPCS
    • MetroPCS, 2006
  • Sprint Law Enforcement Quick Reference Handbook
    • Sprint, 2004
  • Verizon, Law Enforcement Legal Compliance Guide
    • Verizon, 2004
  • Subpoena & Court Orders: Nextel's Guide for Law Enforcement
    • NEXTEL, 2003

Need help with a digital location tracking case?


The Center is available to provide consultations and litigation resources as well as direct assistance in support of a defendant’s Fourth Amendment claims. Specifically, the Center may assist in motion practice, preparation for suppression hearings, appellate strategy, brief writing, and oral argument. The Center also provides group trainings for defense lawyers around the country and upon request.

To request assistance or additional information, contact 4AC@nacdl.org.

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Strengthening the Sixth


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