11th Circuit denies plain error claim where detention hearing made clear law enforcement had a warrant for phone records.

In a brief¬†per curiam¬†unpublished order, the appellate court affirmed the defendant’s conviction for conspiracy to distribute and possession with the intent to distribute five kilograms or more of cocaine hydrochloride. On appeal, the defense claimed that the Government obtained the Defendant’s cell-site location records without a warrant in violation of the Fourth Amendment.

Here, the defense did not object to the admission of the records at trial. The defense attempted to invoke the plain error doctrine. There was no mention in the record at trial as to how the records were obtained. The 11th Circuit found no plain error. The 11th Circuit also looked to the entire record and found that an FBI agent testified at the initial detention hearing that the records were obtained with a warrant.

The case is United States v. Adams, 2018 U.S. App. LEXIS 33108,
2018 WL 6177151 (11th Cir.) November 26, 2018.

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