FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Q1A. Did New York State violate the Supremacy Clause and my right to due process when it failed to adhere to this Court's requirement for retroactive application of newly minted constitutional rulings on all cases that have not yet become final?
Q1B. Is there a limited period for which the Government may obtain an individual's historical CSLI free from Fourth Amendment scrutiny, and if so, how long must that period be in order to constitute a Fourth Amendment violation?
Q1C. Did the police violate my Fourth Amendment rights when they: (i) obtained my cell site location data without any judicial action, (ii) violated and/or completely ignored the statutory provisions of 18 U.S.C. §§ 2701(b), and 2707, and/or (iii) submitted false claims of exigency which to justify their warrantless search of my CSLI?
Q1D. Should this Court's Exclusionary rule be expanded to include violations of the SCA where the police not only knowingly fabricate exigent circumstances to justify it illegal access to the data, but they do so with the specific aim of bypassing Fourth Amendment protections?
Whether the warrantless acquisition of cell site location information from a cell phone provider violates the Fourth Amendment