GPS & CSLI TRACKING 2.0: AN APPELLATE BENCH PERSPECTIVE

Event Start:
05/24/2018 2:30 PM
Event End:
05/24/2018 5:30 PM

When: Thursday, May 24, 2018 from 2:30 p.m. to 5:30 p.m.
Where: Social Law Library, Boston, MA
Program Fee: $70

CPCS has approved 3.0 CLE credit hours for the Adult Criminal Trial, Post-Conviction and Juvenile Delinquency Panels.




Hon. Amy Lyn Blake, Massachusetts Appeals Court
Hon. Elspeth B. Cypher, Supreme Judicial Court
Hon. Joseph A. Grasso, Jr. (Ret.), Co-author of Suppression Matters Under Massachusetts Law (Lexis)
Hon. William J. Meade, Massachusetts Appeals Court
Lynn S. Muster, Senior Staff Attorney, Massachusetts Appeals Court, Moderator

Recent developments since Riley, Augustine, and Estabrook in both global positioning system (GPS) and cell site location information (CSLI) tracking have created new and complex problems for practitioners and even law enforcement. The panel will compare device warrants to warrants for physical evidence on the issues of probable cause, nexus, and particularity. They will examine the differences, if any, between GPS as a condition of release and as a part of pretrial probation. The panel will also discuss the use of prospective CSLI, as recently considered in a case of first impression. What are the privacy implications for defendants? Are the cases keeping up with technology? What’s next? 


The speakers will specifically address:

Commonwealth v. Fulgium, 477 Mass. 20 (2017).
Commonwealth v. Fredericq, 93 Mass. App. Ct. 19 (2018).
Commonwealth v. Johnson, 91 Mass. App. Ct. 296 (2017).
18 U.S.C. 2703(d) applications.
United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016), cert. granted, 137 S. Ct. 2211 (2017).
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