N. Y. Supreme Court, App. Division finds exigent circumstances for real-time CSLI

In this case, the Defendant was wanted for questioning in an assault involving a firearm. A witness gave the detective the defendant’s cell phone number. The Detective, after filling out an “exigent circumstances” form, was able to locate the Defendant after T-Mobile “pinged” the Defendant’s phone to reveal his location. When the defendant was found, shell casings were discovered that the Defendant moved to suppress.

The trial court and the appellate court both found that, even if the pinging of a cell phone constituted a search under Carpenter, exigent circumstances applied to negate the requirement of a warrant. In doing so, the Court cited cases without giving analysis to justify that conclusion.

The case is People v. Lamb, 2018 N.Y. App. Div. LEXIS 6224, 2018 NY Slip Op 06264 (Supreme Court, App.Div.) (Sept. 26)

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