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United States v. Davis (2014)
United States v. Quartavious Davis is a United States federal legal case that challenged the use in a criminal trial of location data obtained without a search warrant from MetroPCS, a cell phone service provider. Mobile phone tracking data had helped place the defendant in this case at the scene of several crimes, for which he was convicted. The defendant appealed to the Eleventh Circuit Court of Appeals, which found the warrantless data collection had violated his constitutional rights under the Fourth Amendment to the United States Constitution, but declined to order a new trial because the evidence was collected in good faith. The Eleventh Circuit has since vacated this decision pending a rehearing by the Eleventh Circuit en banc. United States v. Davis, 573 Fed. Appx. 925 (11th Cir. 2014). On 5th May 2015, the en banc order upheld the use of the information.〔(【引用サイトリンク】date=5 May 2015 )〕 On 9th Nov 2015, the Supreme Court of the United States declined to hear this case on appeal.
==Background==
Cellular telephones make optimal use of limited radio spectrum and their short transmission range, due to low power, by always connecting to a radio antenna at a nearby facility, known as a ''cell site.'' These facilities are typically on a tower or tall building and the cellular service provider places many such cell sites in an urban area to cover the needs of its customers. As a cell phone caller moves, their connection is automatically handed-off to another cell site that is close by, as needed. Even when a call is not in progress, each cell phone reports changes in location to allow incoming calls to be routed to it. Service providers record each site a user connects with, along with the time of connection. This information can be used to track a cell phone user's movements throughout the day.
Quartavius Davis, on trial with five co-defendants, was convicted on several counts of
Hobbs Act robbery, conspiracy, and knowing possession of a firearm in furtherance of a crime of violence and sentenced to over 161 years in prison. He appealed on several grounds, principally arguing that the court admitted stored cell site location information obtained without a warrant, in violation of his Fourth Amendment rights. The government had obtained the data under a provision of the Stored Communications Act that only requires showing “that there are reasonable grounds to believe that the... records or other information sought, are relevant and material to an ongoing criminal investigation.” (). That provision does not require showing probable cause, which would have been needed for a warrant.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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