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Use of Real-Time Cell Phone Data to Find Suspect Constitutional

April 27, 2021, 2:05 PM

The use of real-time cell site location information by police to find a suspect wanted in a string of armed robberies in Indiana was constitutional under the Fourth Amendment, the Seventh Circuit said.

Rex Hammond argued that the use of his cell data was unconstitutional under Carpenter v. United States, in which the U.S. Supreme Court held that the collection of historical CSLI without a warrant was an unconstitutional search.

Carpenter was limited to the collection of historical CSLI and explicitly left open the question whether real-time use should be treated similarly, the opinion by Judge Amy J. St. ...