The Search & Seizure Show

What are the requirements to ping a suicidal suspect's cell phone?


Listen Later

The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hello, everyone, it's Anthony Bandiero Here, attorney, Senior Legal instructor for Blue to gold law enforcement training, bringing in a roadside chat. Alright, this question comes from an officer in Utah love teaching in Utah. So the officer is basically saying, what are the requirements to ping a cell phone for a suicidal suspect? Right, or I should say subject. So, here are some of the contexts. Can officers request a cell phone ping based off of a third party's suicidal report? Right, that's something suicidal. Sometimes these reports are hours, if not days old. Is there a reasonable timeframe to get the pain? Does the urgency fade as time passes? I'm seeing this use more and more. And basically, our law enforcement officers overstepping and or infringing on an individual's rights of privacy? So excellent question. And we don't have a lot of clear answers. So number one, I do not give any answer or any my opinion that's based off a state law. The reason why is that I'm a constitutionally, I'm a constitutional expert, not a statutory expert. So my viewers out there that are in Illinois, New York, you know, and so forth. You're going to have statutes on this issue, that you have to research everybody that the research, but I bring up those states because those states are notoriously a little bit more restrictive. Okay. So back to the question, constitutionally, well, the most appropriate case that we have on this issue is Carpenter, right from the US Supreme Court, I think 2018 Don't quote me on that part. But it's a it's a recent case. And carfinder involved getting cell site location information on a suspect, believed to be involved in cell phone robbery stories, actually. So they had about 127 days of data that they got. And based off of that data, they put carpenter at all the right places at the right time for these cell phone robberies. And the Supreme Court found that that was a search under the Fourth Amendment, and therefore required some exception to the Fourth Amendment or a warrant exigency may get you there, but not 427 days, right? exigency for like here, and now type pinging but usually a search warrant. Now one thing that they did say, in the case in a footnote, I think footnote two or three in the carpenter case, was that they gave a bright line rule that certainly seven days or more of location history requires a search warrant. But carpenter didn't really address the here and now, agency arguments for suicidal people, armed and dangerous people, kidnapping suspects and so forth. That's not what carpenter is all about carpenter really focused on historical data. Still, though, it did involve location information. So I'm just saying, you know, as far as the Supreme Court goes, that's our most relevant case where we kind of look for guidance. Now, going back to the question, so constitutionally, if somebody is about to commit suicide or hurt somebody else, but commit suicide..

...more
View all episodesView all episodes
Download on the App Store

The Search & Seizure ShowBy Anthony Bandiero

  • 5
  • 5
  • 5
  • 5
  • 5

5

13 ratings


More shows like The Search & Seizure Show

View all
The Joe Rogan Experience by Joe Rogan

The Joe Rogan Experience

226,206 Listeners

KILL TONY by DEATHSQUAD.TV & Studio71

KILL TONY

5,572 Listeners

The Ben Shapiro Show by The Daily Wire

The Ben Shapiro Show

153,924 Listeners

Jocko Podcast by Jocko DEFCOR Network

Jocko Podcast

30,719 Listeners

Cleared Hot by Andy Stumpf

Cleared Hot

10,876 Listeners

Mike Drop by Mike Ritland

Mike Drop

6,404 Listeners

Things Police See: Firsthand Accounts by Steven Gould: Police Officer, Background Investigator

Things Police See: Firsthand Accounts

1,207 Listeners

Shawn Ryan Show by Shawn Ryan

Shawn Ryan Show

42,398 Listeners

Black Rifle Coffee Podcast by Black Rifle Coffee Podcast Network

Black Rifle Coffee Podcast

3,293 Listeners

Street Cop Podcast by Street Cop Training

Street Cop Podcast

958 Listeners

Iron Sights by Iron Sights

Iron Sights

99 Listeners

Shots Fired Podcast by Kyle Shoberg

Shots Fired Podcast

167 Listeners

The President's Daily Brief by The First TV

The President's Daily Brief

3,238 Listeners

The Debrief with Jon Becker by Jon Becker

The Debrief with Jon Becker

68 Listeners

Change Agents with Andy Stumpf by IRONCLAD

Change Agents with Andy Stumpf

630 Listeners