United States v. Davis (2014)

[3] Quartavious Davis, on trial with five co-defendants, was convicted on several counts of Hobbs Act robbery, conspiracy, and knowing possession of a firearm in furtherance of a crime of violence and sentenced to over 161 years in prison.

He appealed on several grounds, principally arguing that the court admitted stored cell site location information obtained without a warrant, in violation of his Fourth Amendment rights.

The government had obtained the data under a provision of the Stored Communications Act that only requires showing "that there are reasonable grounds to believe that the... records or other information sought, are relevant and material to an ongoing criminal investigation."

[4] The Circuit Court largely relied on precedent set in Smith v. Maryland and U.S. v. Miller, which established the Third Party Doctrine.

These facilities are typically on a tower or tall building and the cellular service provider places many such cell sites in an urban area to cover the needs of its customers.

18) The government attempted to distinguish cell phone tracking by pointing out that it has long been established that telephone users do not have an expectation of privacy in the numbers they call.

Despite finding that the evidence was obtained in an unconstitutional manner, the court denied "appellant's motion to exclude the fruits of that electronic search and seizure under the 'good faith' exception to the exclusionary rule recognized in United States v. Leon," noting that the data was obtained under a court order, though not a warrant.

Typical cell site antennas