Houston District Court finds bad faith where Government obtained warrant for information they already had.

In this bank robbery prosecution, one confederate previously identfied named the defenfant as his accomplice. The Government obtained a Stored Communications Act order to subpoena the cell-site location data for what they believed to be the Defendant’s phone.

The day that Carpenter was decided, the Government obtained a warrant for cell-tower data it already had for three years. The District Court decided that the late warrant does not save the data acquisition. The Court found no good faith because their application for a search warrant was a tainted attempt to evade the Fourth Amendment, in other words, they knew the acquisition was illegal the entire time.

The case is United States v. Beverly, 2018 U.S. Dist. LEXIS 183539,
2018 WL 5297817, S.D. Texas, October 25, 2018.

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