The U.S. Court of Appeals for the Third Circuit affirmed its previous denial of defendant Jay Goldstein’s motion to suppress his cell site location information, reasoning Goldstein had no reasonable right to privacy.
By P.J. D’Annunzio | January 22, 2019 at 01:09 PM
While recent U.S. Supreme Court precedent states that a search warrant must be obtained in order to retrieve a defendant’s cellphone-linked location data, that rule does not apply retroactively in the case of a man involved in a kidnapping scheme.
After rehearing argument in the matter, the U.S. Court of Appeals for the Third Circuit on Tuesday affirmed its previous denial of defendant Jay Goldstein’s motion to suppress his cell site location information (CSLI), reasoning Goldstein had no reasonable right to privacy.
That decision emerged in the wake of last year’s Supreme Court ruling in Carpenter v. United States, in which the high court held that defendants do, in fact, have a right to privacy when it comes to cellphone data and that law enforcement is required to seek a warrant to obtain that evidence.
Despite that, Third Circuit Judge Jane Roth wrote in the court’s majority opinion that the prosecution acted in good faith because at the time its acquisition of the data without a warrant was legal. Prosecutors hoped to place Goldstein at the scene of the crime using the data.
Read more from New Jersey Law Journal HERE
