Ford, Jon Thomas’s Empirical Analysis
2015
Citation profile
12 state decisions
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 4th District (San Antonio))
Relationships
Applies 18 U.S.C. § 2703 (§ 201 of the Electronic Communications Privacy Act of 1986)
Relies on Katz v. United States · Rakas v. Illinois · Smith v. Maryland · United States v. Miller · Jones v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[M]any federal courts that have considered the issue have concluded that “real-time” location information may be obtained only pursuant to a warrant supported by probable cause. See In re Application for Pen Register and Trap/Trace Device with Cell Site Location Authority, 396 F.Supp.2d 747 (S.D. Tex. 2005). Some states, too, require a warrant for real-time cell-site-location data[—(either under the Fourth Amendment, a state constitution, or a state statute. See, e.g., In Tracey v. State, 152 So.3d 504, 526 (Fla. 2014) (Fourth Amendment); State v. Earls, 214 N.J. 564 , 70 A.3d 630, 644 (N.J. 2013) (New Jersey Constitution); 725 Ill. Comp. Stat. 168/10; Ind. Code 35-33-5-12; Md. Code Ann. Crim. Proc. § 1-203.1(B); Va. Code Ann. § 19.2-70.3 (C).”
1 later decision quote this exact passage · from the concurrence“The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.”
1 later decision quote this exact passage · from the dissente.g. Jackson v. State“[a] court shall issue an order authorizing disclosure of contents, records, or other information of a wire or electronic communication held in electronic storage if the court determines that there is reasonable belief that the information sought is relevant to a legitimate law enforcement inquiry.”
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.