· 9/28/2015
Commonwealth v. Estabrook
Citations
- 472 Mass. 852
- 38 N.E.3d 231
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a defendant has no standing to challenge law enforcement's acquisition of the CSLI of a person who is not a party to the appeal when there is no evidence that the defendant used that person's phone
- finding no attenuation between illegal CSLI search and defendant's statement because \there were no intervening circumstances between the police questions based on the CSLI and [defendant's] responses thereto\
- where defendant was confronted with evidence obtained from CSLI in close proximity to illegality, statements made in direct response must be suppressed
- defendants did not have standing to contest collection of CSLI associated with cell phones that they were not using
- where Commonwealth has complied with 18 U.S.C. § 2703, it may obtain up to six hours of person’s CSLI without search warrant
- Commonwealth met its burden under \independent source\ doctrine to show that CSLI search pursuant to warrant was untainted by prior warrantless search for same information
Source: CourtListener parenthetical corpus (CC0).
Judges: Gants, Spina, Cordy, Botsford, Duffly, Lenk, Hines
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.