United States v. Quartavious Davis
785 F.3d 498
| 11th Cir. | 2015Background
- Davis was convicted by jury of Hobbs Act robbery, conspiracy, and 924(c) offenses; sentencing totaled 1,941 months.
- Government obtained MetroPCS’s historical cell-site location data for Davis’s 5642 number via a § 2703(d) court order under the Stored Communications Act.
- Data included call numbers, timing, duration, connected cell-tower, and sector; no call contents or real-time GPS data.
- Evidence tied the 5642 number to Davis and to robberies through testimony, videos, DNA, and maps showing proximity of towers to robberies.
- Panel previously held a Fourth Amendment violation in obtaining the records but affirmed convictions on other grounds; en banc review addressed only § 2703(d) and associated Fourth Amendment issues.
- Court held the § 2703(d) order did not violate the Fourth Amendment and affirmed the convictions, vacating only the firearm-brandishing enhancement portion of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2703(d) order was a Fourth Amendment search | Davis: records are private; warrant required | Government: § 2703(d) provides reasonable grounds with judicial oversight | No Fourth Amendment search under these facts |
| Whether third-party records trigger Fourth Amendment protection | Davis: third-party records should not be compelled without probable cause | Government: third-party records fall under Smith/Miller doctrine | No violation; third-party records not private in this context |
Key Cases Cited
- Smith v. Maryland, 442 U.S. 735 (1979) (no reasonable expectation of privacy in numbers dialed; pen register not a search)
- United States v. Miller, 425 U.S. 435 (1976) (no Fourth Amendment interest in third-party bank records; business records rule)
- United States v. Jones, 132 S. Ct. 945 (2012) (physical trespass vs. Katz; GPS tracking distinguished; longstanding framework remains)
- In re Application of the United States for Historical Cell Site Data (Third Circuit), 620 F.3d 304 (2010) ( Third Circuit held § 2703(d) order permissible, not a per se search)
- In re Application of the U.S. for Historical Cell Site Data (Fifth Circuit), 724 F.3d 600 (2013) (cell-site data not private in light of Smith; SCA aligns with precedent)