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· 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 CourtListener

Sourced 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.