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COMMONWEALTH v. AUGUSTINE

SJC-11482

467 Mass. 230 (2014)

COMMONWEALTH v. SHABAZZ AUGUSTINE.

Supreme Judicial Court of Massachusetts, Suffolk.

February 18, 2014.

Attorney(s) appearing for the Case

Cailin M. Campbell, Assistant District Attorney, for the Commonwealth.

Matthew R. Segal (Jessie J. Rossman with him) for the defendant.

Hanni M. Fakhoury, of California, & Kit Walsh, for Electronic Frontier Foundation, amicus curiae, submitted a brief.

Matthew J. Tokson, of the District of Columbia, Elizabeth A. Lunt, Alex G. Philipson, Louis W. Tompros, Kevin S. Prussia, & Thaila K. Sundaresan, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

BOTSFORD, J.

The central question we address in this appeal is whether, consistent with the Massachusetts Constitution, the Commonwealth may obtain from a cellular telephone service provider (cellular service provider) historical cell site location information (CSLI)1 for a particular cellular telephone without first obtaining a search warrant supported by probable cause. The Commonwealth appeals pursuant to Mass. R. Crim. P. 15 (a) (2...

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