United States v. Gilton

Brief of Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Northern California, Brennan Center for Justice, Center for Democracy & Technology, Electronic Frontier Foundation, National Association of Criminal Defense Lawyers, and New America's Open Technology Institute in Support of Defendant-Appellant Seeking Affirmance.

Brief filed: 11/03/2016

Documents

United States v. Gilton

9th Circuit Court of Appeals; Case No. 16-10109

Prior Decision

On appeal from the U.S. District Court for the Northern District of California, No. 13-CR-00764-WHO-1 (E.D. Mich.)

Argument(s)

Gilton's cell site location information (CSLI) obtained by the government reveals invasive and detailed information about his location and movements over time. CSLI reveals private, invasive, and increasingly precise information about individuals' locations and movements. Gilton's location information obtained by law enforcement reveals voluminous and private information about his location and movements. Obtaining 37 days' worth of cell phone location data is a "search" under the Fourth Amendment requiring a warrant based upon probable cause. Cell phone providers' ability to access customers' location data does not eliminate cell phone users' reasonable expectation of privacy in that data.

Author(s)

Nathan Freed Wessler, American Civil Liberties Union Foundation, New York, NY; Linda Lye, American Civil Liberties Union Foundation of Northern California, San Francisco, CA; David M. Porter, NACDL, Sacramento, CA.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    March/April 2025 Cover

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    March/April 2025 Cover

    Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release

    Nation’s Defense Bar Reiterates Opposition to Actions Against Law Firms – Washington, DC (March 18, 2025)

    The National Association of Criminal Defense Lawyers (NACDL) remains deeply concerned over recent executive orders targeting law firms, most recently Paul Weiss and Perkins Coie, and repeats its call to uphold the right to counsel and the independence of the legal profession. Despite a ruling blocking the action against Perkins Coie, the administration has continued to target law firms representing disfavored clients and positions, threatening the right to a zealous defense.

  4. Live Event
    2025 Forensic Science & Technology Seminar Cover

    2025 Forensic Science & Technology Seminar

    "Making Sense of Science: Forensic Science, Technology & the Law"

    LOCATION: Sahara Las Vegas Hotel & Casino, Las Vegas, NV
    DATES: April 24-26, 2025

  5. Trials, Technology, and the Fourth Amendment: Case Law Review [Engage & Exchange]

    EXCLUSIVE NACDL MEMBER BENEFIT
    WHEN:
    Tuesday, April 29, 2:00-3:30pm ET / 11:00am-12:30pm PT
    CLE CREDIT: not available
    COST: Free