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COMMONWEALTH v. ALMONOR

SJC-12499.

482 Mass. 35 (2019)

COMMONWEALTH v. JEROME ALMONOR.

Supreme Judicial Court of Massachusetts, Plymouth.

April 23, 2019.

Attorney(s) appearing for the Case

Jessica L. Kenny, Assistant District Attorney (Nathaniel Kennedy, Assistant District Attorney, also present) for the Commonwealth.

Matthew Spurlock, Committee for Public Counsel Services (Randall K. Power also present) for the defendant.

Jennifer Lynch & Andrew Crocker, of California, Chauncey B. Wood, Christopher T. Holding, Matthew R. Segal, & Jessie J. Rossman, for Electronic Frontier Foundation & others, amici curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

The police quickly identified the defendant as the person suspected of murdering the victim with a sawed-off shotgun. In an attempt to pinpoint the location of the fleeing suspect, the police caused the defendant's cell phone to be "pinged."1 They did so without a warrant. The legality of that ping in these...

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