United States v. Rogers
71 F. Supp. 3d 745
N.D. Ill.2014Background
- FBI began investigating armed robberies of cellular stores in IL and IN in Jan 2013; Wright confessed and identified Rogers’ phone as 708-541-8767.
- April 1, 2013, government sought AT&T records under SCA § 2703(d) covering June 1, 2012–Mar 29, 2013 for Rogers’ number.
- April 8, 2013, T-Mobile robbery linked to Curtis; Wadlington-Anthony identified Curtis as leader and his number as 708-969-6006.
- April 11, 2013, government sought Curtis’ records from U.S. Cellular for June 1, 2012–Apr 10, 2013 under § 2703(d).
- August 13, 2013, Individual B provided information tying Rogers and Curtis to additional robberies; new § 2703(d) applications filed.
- December 14, 2013, Defendants arrested; February 6, 2014, indicted for conspiracy; August 13, 2014, motion to suppress filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether historic cell-site location data is a Fourth Amendment search | Rogers argues privacy interest in location data requires warrant. | Curtis argues data collection is Fourth Amendment search; requires warrant. | No Fourth Amendment privacy interest; not a search. |
| Whether the SCA authorizes the collection of electronic location data | Rogers contends SCA cannot authorize location data disclosure. | Curtis contends SCA does not cover historic location data without broader protections. | SCA § 2703(c)(2) permits collection of location data; § 2703(d) disclosure proper. |
Key Cases Cited
- United States v. Jones, 565 U.S. 400 (2012) (GPS tracking requires a warrant under Fourth Amendment when trespass or real-time monitoring occurs)
- In re Application of U.S. for Historical Cell Site Data, 724 F.3d 600 (5th Cir. 2013) (no fourth amendment privacy in third-party business records; data contemplated by Smith)
- United States v. Guerrero, 768 F.3d 351 (5th Cir. 2014) (cell-site data; Riley did not overturn historical cell-site data doctrine)
- United States v. Thousand, 558 F. App’x 666 (7th Cir. 2014) (no credible expectation of privacy in cell-site data; appx opinion)
- United States v. Skinner, 690 F.3d 772 (6th Cir. 2012) (no reasonable expectation of privacy in location data on public roads)
- United States v. Davis, 754 F.3d 1205 (11th Cir. 2014) (withdrawn; rehearing en banc granted)