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New Regarding Historical Cell-Site Data (SW or Subpoena?)

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by: Ryan Scott • May 13, 2017 • no comments

The US Supreme Court is considering whether to take cases where the issue is whether a search warrant or a mere subpoena is necessary to obtain historical cell-site data.

Links to the multiple petitions for cert can be found here.

Discussion here.

And an argument for revisiting the third-party doctrine is here. As previously noted, the Oregon Constitution provides much greater protection to records held by third-parties, per State v. Ghim. Having said that, the exact parameters of that protection will continue to be unknown until defense attorneys start preserving the issues.