United States v. Goldstein, No. 15-4094 (3d Cir. 2019)Annotate this Case
Goldstein was arrested for involvement in a kidnapping scheme. Prosecutors obtained a court order under the Stored Communications Act,18 U.S.C. 2703(d), compelling Goldstein’s cell phone carrier to turn over his CSLI. CSLI metadata is generated every time a cell phone connects to the nearest antenna; service providers retain a time-stamped record identifying the particular antenna to which the phone connected, which can provide a detailed log of an individual’s movements. Section 2703(d) does not require a showing of probable cause to obtain CSLI but only requires “specific and articulable facts showing that there are reasonable grounds to believe” that the CSLI is relevant and material. The district court denied a motion to suppress. Goldstein was convicted. The Third Circuit affirmed, holding that Section 2703(d) complied with the Fourth Amendment because cell phone users have no reasonable expectation of privacy in their CSLI. The Third Circuit granted rehearing after the Supreme Court’s "Carpenter" holding, that “an individual maintains a legitimate expectation of privacy in the record of his physical movements as captured through CSLI” and that the government’s collection of CSLI requires a showing of probable cause under the Fourth Amendment. The Third Circuit then held that the government violated Goldstein’s Fourth Amendment rights when it acquired his CSLI but nonetheless upheld the admission of Goldstein’s CSLI because the government was acting under an objectively reasonable good faith belief that obtaining CSLI under Section 2703(d) was constitutional.