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· 5/9/2017

Luis Plata v. Eureka Locker, Inc.

Citations

  • 856 F.3d 496
  • 41 I.E.R. Cas. (BNA) 1841
  • 2017 WL 1856278
  • 2017 U.S. App. LEXIS 8241

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[a] search in the constitutional sense occurs when the government’s conduct intrudes on a person’s reasonable expectation of privacy” (quotation omitted)
  • explaining that historical CSLI data is “collected and stored by the service provider in the ordinary course of business when the cell phone user voluntarily makes or receives a telephone call”
  • concluding similarly that where suspect murdered individual in presence of others who knew him, unprovoked and with no apparent motive and no apparent fear of consequences, it was reasonable to believe that “other individuals were in danger as well”
  • tracking cell phone \results in 'near perfect surveillance' of its user\ [citation omitted]
  • considering if “police had reasonable grounds to believe that obtaining a warrant would be impracticable under the circumstances because the delay in doing so would pose a significant risk that (1) the suspect may flee, (2) evidence may be destroyed, or (3
  • police causing cellular telephone to reveal real-time location contravenes reasonable expectation of privacy

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Posner, Easterbrook

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.