TIMOTHY ALAN MOATS v. STATE OF MARYLAND
Court of Special Appeals, Berger, Oct. 25, 2016,
SSW – Cellular Phone – 2-day delay between seizing cellular phone incident to arrest and obtaining search warrant was reasonable to prevent destruction of evidence while the warrant was sought.
Affirmed by COA
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UNITED STATES OF AMERICA v. AARON GRAHAM
US Court of Appeals for the Fourth Circuit, Motz, May 31, 2016,
Cell-Site Data – Third-Party Doctrine- The Fourth Amendment does not protect cellular service provider records of a defendant’s Cell Site Location Information (CSLI) where those records are generated as part of the provider’s ordinary course of business
(Concur- Wilkinson – Congress is in a better position to regulate technological privacy concerns than the courts)
(Dissent – Wynn with Floyd, Thacker- A cell-phone user does not “voluntarily” give location information to the cell-phone company, so there is a reasonable expectation of privacy. This is especially true given the vast amount of data in this particular case.)
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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”
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CALVIN JEROME HALL v. STATE OF MARYLAND
Court of Special Appeals, Reed, Filed Sept. 30, 2015,
Burglary – Sufficient evidence to convict of First Degree Burglary where defendant pawned victim’s jewelery out of state shortly after burglary and defendant’s cell phone showed it was in the area at the time of the burglary