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Peter A. Crusco Peter A. Crusco

The impact of the U.S. Supreme Court’s landmark Fourth Amendment case, Carpenter v. United States, 201 L.Ed.2d 507 (2018) decided last June, requiring a search warrant be obtained by law enforcement in most cases for telephone company historical cell site location information (CSLI) is percolating up the appellate ladder from the decisions of the trial courts around the country. New York state, of course, was ahead of the pack when in an analogous scenario nine years before Carpenter, the Court of Appeals in People v. Weaver, 12 N.Y.3d 433, 458 (2009), determined that law enforcement’s employment of GPS technology on a defendant’s automobile required a search warrant in the absence of exigent circumstances. Now that the initial dust raised by Carpenter has settled, it is illuminating to review and reconcile some of the state court cases evidently impacted by the landmark decision.

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