nitty-gritty facts
What is the Margin of Error
75ft
Sort the following into binding and persuasive:
Harvard Law Review, Dawes, Leon, Stanford v. Texas, Groh v. Ramirez, Chatrie
Binding: Leon, Stanford v. Texas, Groh v. Ramirez
Persuasive: Harvard Law Review, Dawes, Chatrie
Who bears the burden of proof
Prosecution
What is the difference between Exhibit A and Exhibit B
Exhibit A has geofence whereas Exhibit B does not.
What is the defense's explanation for Clark's phone ping in the hallway?
Geofence data doesn't account for altitude-- He went to the gym which is the floor directly above/below his room.
Who was the other case-relevant ping collected
Gerri Moayed
What is the holding of Mapp v. Ohio (1961)?
When a search takes place without a warrant, it is often considered an unreasonable search, which is illegal. When an illegal search occurs, the court can provide a remedy through the “exclusionary rule,” which allows the Court to exclude illegally obtained evidence from being used at trial against a defendant.
Define the fourth amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Who did Perren interview before creating the geofence?
Gerri Moayed
How old is Detective Nova Perren?
38 years old
What was the day and Time of Kieran Sunshine's Murder
July 16, 2023
Initially time was believed to be 10pm from Emari Sunshine testimony, then K.C. Vasquez (Medical Examiner) estimated timeframe of death to be 10pm-2am
What is CALecpa
California law that requires law enforcement to get a warrant before retrieving electronic information about anyone’s location and activities.
Define good faith
defined in motion to quash explanation: exception to the exclusionary rule, honest intent or acting without any intent to take an unfair advantage over someone.
What is a geofence
A “geofence” is a virtual fence (perimeter) around a geographic area created by the location data for every mobile-device user within the area and over a specified period of time. When a person activates their cellphone or other mobile device in a geographic area covered by cell towers in that area, the cellphone uses GPS to send a ping to a cell tower. Every ping is then stored by the electronic data company Google.
Full name + Date of Harvard Law Review Article
“Geofence Warrants and the Fourth Amendment.” Harvard Law Review (May 2021)
What are the four types of communication data which Detective Perren requested
1) telephone number of each device
2) type of communication (text or call)
2) any telephone numbers which were called
4) date, time, and duration of each communication
Matter of Search Warrant Application for Geofence Location Data Stored at Google Concerning an Arson Investigation (2020)
United States v. Lofstead (2021)
United States v. Chatrie (2022)
People v. Dawes (Sept. 30, 2022)
People v. Meza (April 13, 2023)
Price v. Superior Ct. of Riverside (July 3, 2023)
Define the exclusionary rule
defined in MAPP v. OHIO (1961) + US v. LEON (1984) : a remedy intended to deter police misconduct, not a separate right belonging to defendants
How did Detective Perren narrow the number of phone numbers down?
"Using my interviews with witnesses and the analysis of evidence I could do prior to receiving the forensic report, I narrowed down my list to five phone numbers that “ping’ed” within the geofence." (pg 35)
What is the full name of chicago case?
Matter of Search Warrant Application for Geofence Location Data Stored at Google Concerning an Arson Investigation (N.D. Ill. 2020)
What is the name of the intersection which the hotel was on
Great Avenue and 5th Street
Facts of US v. CHATRIE (2022)
1) detectives consulted with consulted with government attorneys before applying for the warrant
2) geofence spanned 17.5 acres of land
3) time frame was initially one hour on day of robbery which returned 19 phone numbers
4) timeframe expanded to 30 minutes before + after original hour without narrowing down phone numbers
5) at prompting of google detective narrowed numbers down to 9 without explanation. asked for additional de-anonymized info on 3 devices. again asked for 1 of the devices which google did not comply with.
HOLDING: didn't have probable cause but had good faith
Why does the Fourth Amendment apply?
The right of the people to be secure in their persons, houses, papers, and effects. Their cell phone data would constitute 'effects'.
What is Google's role in geofence warrant? (include their role as third party and projected accuracy rate)
As a third party, Google provides location data as long as police follow the proper procedure. In US v. CHATRIE “Google aims to accurately capture [only] roughly 68 percent of users” within a geofence.
Who REALLY killed kieran sunshine?
He's not dead, he faked his death because he was too stressed about the forever flex scandal and needed to get away