This posture of this case before the District Court was motions in limine to bar the introduction of cellular data reports; to bar introduction of a FBI Cellular Analysis Survey Team (“CAST”) report; and to bar the opinion testimony of the Agent or first to conduct a Daubert hearing on the matter.
This is a conspiracy to commit racketeering, attempted murder and firearm offense prosecution. Local police had identified a cell phone number for one defendant and obtained a search warrant for records associated with the phone number. The carrier responded with data reports in spreadsheet form. The spreadsheets contained entries of cell site location information.
The Defense moved to bar the spreadsheet stating that it was not a business record as it was prepared in anticipation of litigation. The Court ruled, in part relying on Carpenter, that CSLI is kept in part for business purposes, leading to the conclusion that the spreadsheet is admissble.
The case is United States v. Robinson, 2018 U.S. Dist. LEXIS 178824, Eastern District of Michigan, October 18.