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· 1/27/2004

United States v. Craig Forest (02-3022) and Herman E. Garner, III (02-3064)

Citations

  • 355 F.3d 942
  • 2004 WL 117757

How courts have described this case

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

  • concluding that DEA use of cell‐site data was not a “search” under Fourth Amendment because authorities tracked defendant’s movements along public highways
  • holding that rendering a 851(a)(1) notice invalid because it was not titled an “information” would put form over substance
  • holding that whether the facts establish probable cocaine was seized.2 cause to justify an arrest is a question of law that we review de novo
  • finding “no legitimate expectation of privacy in the cell-site data because the DEA agents could have obtained the same information by following [the defendant’s] car”
  • “[Defendant] contends that the DEA’s use of cell-site data effectively turned his cellular phone into a tracking device, violating his rights under ... the Fourth Amendment.”
  • “[Defendant] contends that the DEA’s use of cell-site data effectively turned his cellular phone into a tracking device, violating his rights under . . . the Fourth Amendment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Norris, Gilman, Bunning

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.