Commonwealth v. Estabrook
Annotate this CaseDefendants, Jason Estabrook and Adam Bradley, were indicted for murder and related crimes. At issue in this case was the superior court’s denial of Defendants’ motion to suppress historical cellular site location information (CSLI) pertaining to Bradley’s cellular telephone that police officers obtained without a search warrant and then later reobtained pursuant to a warrant. The judge also refused to suppress statements Defendants made to police following the receipt of Bradley’s CSLI. The Supreme Judicial Court affirmed, holding (1) the Commonwealth does not violate a defendant’s reasonable expectation of privacy when it requests up to six hours of historical CSLI without obtaining a search warrant; (2) because the Commonwealth requested two weeks of historical CSLI in this case, a search warrant was required; but (3) many of Defendants’ statements and Bradley’s CSLI were not subject to suppression due to the CSLI that was first obtained unlawfully because (i) Defendants’ statements were not made in response to being confronted by the tainted CSLI, and (ii) the search warrant was supported by probable cause derived from information obtained independently rather than through the tainted CSLI.
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