Northern District of Illinois invokes good faith exception to defeat Carpenter claim.

Here, the defense moved to suppress cell site location information in a conspiracy to kidnap case where the Government received a intercept order on one defendant’s phone. The defense moved to suppress the CSLI evidence.

The District Court immediately invoked the good faith exception to the warrant requirement, citing United States Supreme Court case of Illinois v. Krull, 480 U.S. 340, 349-50, 107 S. Ct. 1160, 94 L. Ed. 2d 364 (1987). The Court also cites to the recent Seventh Circuit case of United States v. Curtis, 901 F.3d at 846 (previously covered on this blog on September 16.

The Court rejected the defense argument that the Government did not actually act in good faith because they did not give the Defendant notice of its collection activities. The Court cited section § 2703(c) which states that “[a] governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer.”

The case is United States v. Alejandre, 2019 U.S. Dist. LEXIS 2048, 2019 WL 118506 (N.D. Ill.) January 7, 2019.

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