This Note explores the CSLI debate by analyzing the circuit courts’ decisions, scholars’ disagreement with those decisions, and the alternative approaches offered to protect and evaluate CSLI records. This Note concludes that warrantless CSLI monitoring should be analyzed under the “mosaic theory” of the Fourth Amendment. In support, it argues that this theory best addresses the concerns with CSLI tracking and proposes a standard that courts may use to apply it.
The Fourth Amendment, CSLI Tracking, and the Mosaic Theory,
85 Fordham L. Rev. 2385
Available at: http://ir.lawnet.fordham.edu/flr/vol85/iss5/42