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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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