4th Circuit: Exigent Circumstances Can Justify Obtaining Cellphone Data Without a Warrant

In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit followed Second Circuit guidance in concluding that exigent circumstances can justify law enforcement’s access to a defendant’s cellphone “pings,” or GPS location, and call logs—even after failing to obtain a warrant.

февраля 08, 2022 at 02:04 PM

Marianna Wharry

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What You Need to Know

• The court heard the appeal of Erick Hobbs, who challenged the district court’s denial of his motion to suppress evidence obtained after police collected cellphone location data from his cellphone provider without a warrant on the ground of exigent circumstances.
• The case stems from a report of alleged domestic violence Hobbs’ former girlfriend, Jaquanna Foreman, made in February 2018.
• The panel relied on the Second Circuit’s decision in U.S. v. Caraballo to address exigent circumstances exceptions in the context of police using cellphone pings and call logs from a suspect’s phone.

In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit has held that exigent circumstances can justify law enforcement’s access to a defendant’s cellphone “pings,” or GPS location, and call logs—even after failing to obtain a warrant.

The court heard the appeal of Erick Hobbs, who challenged the Maryland district court’s denial of his motion to suppress evidence obtained after police collected cellphone location data from his cellular provider without a warrant on the ground of exigent circumstances. The lower court also held that the officers properly used the call logs to “narrow the search area” established with the pings.

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