Western District of New York invokes good faith and waiver, stating that bring a Carpenter claim at post-trial motions is too late.

In this case, a number of defendants were charged, tried, and convicted for a number of drug trafficking and firearms offenses based on activities of the Kingsmen Motorcycle Club. These included RICO conspiracy, Possession of Firearms in Furtherance of Crime of Violence, Murder in Aid of Racketeering, Possession and Discharge of Firearm in Furtherance of Crime of Violence, Using a Clubhouse for Drug Dealing, and Possession of Firearms in Furtherance of Drug Trafficking Crime.

In resolving the various defendants’ post-verdict motions, one defendant raised a Carpenter claim for a Defendant’s cell site location information. The Court invoked the good faith exception, invoking the Second Circuit cases (United States v. Chambers, 2018 U.S. App. LEXIS 27073, 2018 WL 4523607 (2d Cir. Sept. 21, 2018); United States v. Zodhiates, 901 F.3d 137, 143-44 (2d Cir. 2018) (These cases were covered on this space on September 21 and September 26).

The Court also notes that this defendant never moved to suppress the cell phone evidence in this case, invoking principles of waiver. The court also invoked harmless error.

The case is United States v. Pirk, 2018 U.S. Dist. LEXIS 213787, 2018 WL 6629679 (W.D. NY) (December 19, 2018).

Related Posts
  • Fighting Google Keyword Warrants Read More
  • Three new cases coming up that will affect Carpenter litigation, all in Massachusetts. Read More
  • Middle District of Tennessee holds Iphones in plain view can be seized during a lawful arrest or encounter. Read More