Commonwealth v. Hobbs’s Empirical Analysis
2019
Citation profile
11 state decisions
Relationships
Applies 18 U.S.C. § 2703 (§ 201 of the Electronic Communications Privacy Act of 1986)
Relies on Logiudice v. Georgia · Melka Marine, Inc. v. United States · Carpenter v. United States · Kent v. Bechtel Group, Inc. · Aday v. Superior Court
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that the CSLI sought will 'produce evidence of such offense or will aid in the apprehension of a person who the applicant has probable cause to believe has committed ... such offense.' " 26 See Commonwealth v. Augustine , 467 Mass. 230 , 236 n.15, 4 N.E.3d 846 (2014), S . C ., 470 Mass. 837 , 26 N.E.3d 709 and 472 Mass. 448 , 35 N.E.3d 688 (2015), quoting Commonwealth v. Connolly , 454 Mass. 808 , 825, 913 N.E.2d 356 (2009). In this regard, the government must be able to demonstrate "a sufficient nexus between the criminal activity for which probable cause has been established and the physical location of the [cellular telephone] recorded by the CSLI of the person the applicant has probable cause to believe has committed the offense, at least at the time and place of the criminal activity.”
1 later decision quote this exact passage“An affidavit in support of a search warrant for historical CSLI must demonstrate probable cause to believe [1] that a particular described offense has been, is being, or is about to be committed, and [2] that [there is a substantial basis to believe that the CSLI being] sought will produce evidence of such offense or will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit such offense”
1 later decision quote this exact passage“whether [defendant's] cellular telephone ... was located near the victim's home on the night of the shooting and, therefore whether [defendant] was in the area of the shooting when it occurred " (emphasis added)). "We once again emphasize the significant constitutional issues raised by the collection of extended amounts of historical * CSLI, and the importance of limiting the requests accordingly.”
1 later decision quote this exact passage · from the majority
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.