Michigan Court of Appeals holds there’s no ineffective assistance of counsel for failing to suppress real-time CSLI pre-Carpenter

In this case, the police were searching for the defendant because he was a person of interest in a violent crime investigation. The police got a court order to ping defendant’s cellphone. This allowed them to trace defendant’s real-time location. This issue, occuring pre-Carpenter, was not raised pre-trial in the form of a motion to suppress.

Noting that the Carpenter decision itself has not been applied to real-time CSLi, the court stated that defense counsel cannot be considered to be deficient when he or she did not advance a novel argument.

The case is People v. Robinson, 2018 Mich. App. LEXIS 3673, 2018 Mich. App. LEXIS 3673, 2018 WL 6579355 (Mich. App. Ct.) December 13, 2018.

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