STATE OF MARYLAND v. KERRON ANDREWS
Court of Special Appeals, Leahy, Filed March 30, 2016,
Fourth Amendment – Cell Phones – “The use of a cell site simulator requires a valid search warrant, or an order satisfying the constitutional requisites of a warrant, unless an established exception to the warrant requirement applies”

“People have an objectively reasonable expectation of privacy in real-time cell phone location information”

This opinion takes on a very complex and controversial topic, and Judge Leahy makes an admirable effort at keeping its many pieces together. Unfortunately, despite its 73 pages, the opinion fails to completely apprehend and address the issues involved. a significant part of this is the fault of the evidence presented to the trial court, which was fundamentally flawed.

Explanatory analysis to follow. As I mentioned, it’s a 73-page opinion…

Here is a basic summary of the facts as presented in the opinion:
– Suspect identified in attempted murder case
– Suspect’s cell-phone number obtained from informant
– DNR/Tap&Trace obtained for number
– GPS information leads to block
– Hailstorm used to identify house
– Knock and talk leads to consent search
– Suspect located on couch
– SSW obtained for location
– Gun found in couch cushions