46 Suffolk U. L. Rev. 297

Constitutional Law—Maryland District Court Finds Government’s Acquisition of Historical Cell Site Data Immune from Fourth Amendment—United States v. Graham, 846 F. Supp. 2d 384 (D. Md. 2012)

PdfPDF by Jeremy Derman · February-24-2013 · Categories: Case Comments, Number 1, Print Edition, Volume 46

A criminal defendant’s motion to suppress often implicates the Fourth Amendment’s protections against “unreasonable searches and seizures.” Nevertheless, the extent to which government surveillance activities associated with wireless communication and location tracking technology fall within the ambit of the Fourth Amendment is unclear. In United States v. Graham, the United States District Court for the District of Maryland considered whether defendants’ Fourth Amendment rights were violated when the government acquired historical cell site location information (CSLI) without a search warrant. The court found that the defendants’ Fourth Amendment rights were not violated because they did not have a legitimate expectation of privacy—a requisite condition precedent to an unconstitutional search determination—in the CSLI at issue[...]