United States v. Graham and Jordan

Brief of Amici Curiae of the American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Maryland, Center for Democracy & Technology, Electronic Frontier Foundation & National Association of Criminal Defense Lawyers in support of defendants-appellants’ appeal seeking reversal.

Brief filed: 07/01/2013

Documents

United States v. Graham and Jordan

4th Circuit Court of Appeals; Case No. 12-4659 & 12-4825

Prior Decision

Case below 846 F.Supp.2d 384 (D. Md., Mar. 1, 2012) (Crim. No. RDB-11-0094)

Argument(s)

Warrantless acquisition of long-term historical cell site location information violated defendants’ reasonable expectation of privacy under the Fourth Amendment. Defendants’ cell site location information obtained by the government reveals invasive and accurate information about their location and movements over time. Obtaining 221 or 14 days’ worth of cell phone location data is a “search” under the Fourth Amendment requiring a warrant based upon probable cause. Cell phone providers’ ability to access customers’ location data does not eliminate cell phone users’ reasonable expectation of privacy in that data. Even if the good faith exception applies, this court should decide the Fourth Amendment question.

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Author(s)

Catherine Crump, Nathan Freed Wessler, and Ben Wizner, American Civil Liberties Union Foundation, New York, New York.