In a 2-1 ruling, the US Circuit Court of Appeals for the Sixth Circuit has ruled (PDF) that law enforcement has the right to obtain location data from a cellphone in order to track a suspect without a warrant. Skinner had appealed his many convictions: conspiracy to distribute and possession with intent to distribute over 1,000 kilograms of marijuana, conspiracy to commit money laundering, aiding and abetting the attempt to distribute in excess of 100 kilograms of marijuana. However, by May and June 2006, law enforcement agents received authorization to intercept the communications of two phones established in West’s name.
Among other rationales, the judge cited the Stored Communications Act (also known as a 2703(d) order) as grounds to provide this order.
Thanks to the intercepted calls between Shearer and West, law enforcement learned of the existence of a truck driver courier, known by the codename "Big Foot," who turned out to be Melvin Skinner. In the court’s majority opinion, Judge Rogers specifically referred to the United States v. In the wake of the Skinner decision, some privacy law experts disputed the court’s reasoning. A deep dive into Internet infrastructure, plus a rare visit to a subsea cable landing site.
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The case involves a man named Melvin Skinner, a newly convicted drug trafficker, who was part of a cross-country, large-scale drug operation organized by another man, James Michael West. His attorneys argued that the government’s use of his GPS location information from his phone, which led to his arrest, constituted a warrantless search in violation of the Fourth Amendment. Shearer, another participant in the West marijuana operation, was stopped with $362,000 in cash.


In an order written by a Tennessee federal magistrate judge, the prosecuting United States attorney received authorization to install a pen register, a trap and trace device, and to receive location data from the call’s origination and termination points, in addition to GPS and ping data from those phones.
Under that federal statute, authorities can’t receive the contents of electronic communication (what was said), but can find out where and to whom it was said. Based on the location data acquired from both phones, law enforcement agents were able to learn of Skinner’s location en route during his drug delivery from Arizona to Tennessee. If you'd like to get the additional items you've selected to qualify for this offer, close this window and add these items to your cart.
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Contact the seller- opens in a new window or tab and request a shipping method to your location. All returned items MUST BE in the original packaging and you MUST PROVIDE us ,specific reason for the return, and your eBay ID. Shearer was on his way to deliver money on behalf of West to his marijuana supplier, Philip Apodaca, in Tucson, Arizona.
In contemporary cases within the last decade, law enforcement and judges have increasingly used this reasoning to obtain extensive location data that can effectively turn the phone into a tracking device.
In that unanimous decision, the Supreme Court found that law enforcement does not have the authority to warrantlessly place a GPS tracking device on a suspect’s vehicle. If you reside in an EU member state besides UK, import VAT on this purchase is not recoverable.
Under questioning, DEA agents learned from Shearer how the West group conducted the drug trafficking operation.
Such information previously would have required a much higher legal threshold—a probable cause-driven warrant.
The agents found out that Apodaca would purchase prepaid cellphones under fictitious names and used pre-programmed contact information to orchestrate drug trafficking.
A  Due to the format of the B of A email, and the copious amounts of "filler" statements they use; the series is a bit difficult to follow.
A  I usually write correspondence to fit the lowest common denominator, but how low can one go?A  Although I'm willing to bet that if I reverted to primal grunts, and what could be considered a primitive, yet well understood gesture even in our modern world; that someone on the other side of the Banking Center counter might have their mind bulb flash, if only momentarily. I have a few of my portion of the email, as I cut and pasted it into my regular email service; don't know how they lost theirs. They relate to the Merlin Teller, and how a fully paid balance of mine is being carried on their books as an outstanding balance on their system for months after I paid the account in full, probably sometime in October of 2007. I was repeatedlyA  told this same information by various B of AA  staff that I spoke with in person, numerous times, in various locations, but I did not record the conversations and wish that I had.


When first asked how and why they would do that; as it didn't sound logical or legal to me, I was informed by more than one staff person at more than one branch that it was expected to be carried for 16 to 19 Additional months!A  That is some kind of accounting system. A  That didn't sound accurate, as I was able to access the information on both the old 3732 account AND the new account until approximately January of 2008, and the phone rep I spoke who made arrangements for a balance transfer from another VISA Account I have at another bank for me on either April 3 or 4, 2008, said he would have copies of those 3732 statements mailed to me that day, at no charge to me.A  (I have received an envelope at my P.
Box from B of A; I'll expect the contents are the account statements, but won't know for certain until they are forwarded to me. A  Bank of America?A  I'm almost on their side for this particular incident; as I know that avoiding lawsuits and payouts is high on their priority list. Unless some staffer slipped up, yapped out my private account activity, and didn't take time to note it in my file. Please do your employer a favor, and provide me with the written documentation that I have repeatedly requested.A  Thanks for your cooperation.
Stockton: Please forward this email to someone up the ladder who can provide WRITTEN confirmation and information on who requested, and was provided, information on my Visa Card ending in 3732, activity in July or August of 2007. Rose, Good afternoon and thank you for contacting Bank of America in regards to account documentation.
For B of A to be carrying its customers former credits and debits on their books for 16 plus months would be an accounting nightmare, in addition to being out of compliance with several Federal Banking Regulations.
Please adjust all records statingA A  any balance due on my past and present Visa accounts to reflect the current credit balance only.A  Also, please update day ph. A  But do note that when I asked him a specific question about them, he couldn't answer it.
A  And he didn't volunteer any details on the account maintenance that he appeared to have access to.A A  A A  This message is not flagged. A Can you please provide me with your 16 digit credit card number so I can review your account?
Gordon: The minimum payment is 1% of your balance and any finance charges and applicable fees. The system will not allow the rate to change until the cycle closes and a new cycle starts.



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