United States v. Davis » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

United States v. Davis

United States v. Davis

Case Date: 05/05/2015
Citation: United States v. Davis, 785 F.3d 498 (11th Cir. 2015)
Court Type: Federal Circuit Court
Court: 11th Circuit Court of Appeals (11th Cir.)
Judge: Circuit Judge: Frank M. Hull
Rule(s): 4th Amendment
Issues:

Defendant argues that his Fourth Amendment rights were violated through the usage of historical cell tower location information.

Resolution:

The Court held the government did not violate Defendant’s Fourth Amendment rights.¬† The information the government obtained pursuant to the Stored Communications Act (SCA) did not contain any private information from Defendant, and was not Defendant’s information to withhold, since Defendant had no expectation of privacy in a company’s business records.¬† The government’s SCA order therefore was not a search, and did not violate Defendant’s Fourth Amendment rights. Even assuming the information obtained pursuant to the SCA constituted a search, a balancing of interests supported the government’s SCA order and would not violate the Fourth Amendment.

Relevant Documents:

Brief for Appellant

Brief for the United States

En Banc Brief for Appellant 

En Banc Brief for the United States

Appellant’s Reply Brief

Petitioner’s Supplemental Brief

Opinion

E-Discovery Issues: Admissibility, Motion to Suppress
E-discovery Tags: Cell Site Location Information (CSLI), Preservation and Collection
E-discovery subjects: Cell phone, Phone records

Published: December 27th, 2017

Category: Uncategorized


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