Has prejudice been shown where defense counsel (a) failed to file a motion to suppress (CSLI) (cell-site location information), and (b) failed to object to the admission of CSLI (cell-site location information)? Thus, regardless of whether such CSLI was obtained with or without a court order, police obtained a warrant not supported by probable cause before acquiring Petitioner's [personal location information] maintained by a third party, which required police to show "reasonable grounds" for believing that Petitioner's personal location information was relevant and material to an ongoing investigation. That showing falls well short of the probable cause required for a warrant, and such court order issued is not a permissible mechanism for accessing personal location information, because not all orders compelling access to personal location information will require a showing of probable cause.

Has prejudice been shown where defense counsel (a) failed to file a motion to suppress identification, and (b) failed to object to the in-court (at preliminary hearing) identifications and to the in-court (at trial) identifications of Petitioner? Thus, such identifications were impermissibly suggestive and resulted in irreparable misidentification.

has-prejudice-been-shown