Southern District of New York invokes good faith exception to a pre-Carpenter CSLI acquisition.

In this case that involved a conspiracy to rob a marijuana selling operation that led to a shooting, the Government obtained cell site location information for the defendant.

The Defendant made a motion to suppress, and the Government responded with arguing that the good faith exception controls.

The District Court agreed with the Government. Curiously, the Court makes no mention of Second Circuit precedent on this issue, which has been covered previously on this blog:

Instead, the District Court used similar reasoning that goes, in my view, well beyond any U.S. Supreme Court case that determines the nature and scope of the good faith exception. That rationale is that 1. law enforcement can rely on the pre-Carpenter cases decided in other Circuits holding that no warrant was required; and 2. the Fourth Circuit held in Chavez (and the 11th Circuit in Joyner) that the good faith exception applies (not recognizing the fact that there was binding precedent in the Fourth Circuit.

For a discussion of Chavez, see:

For a discussion of Joyner, see:

The District Court used this reasoning to deny the Motion to Suppress.

The case is United States v. Gyamfi, 2018 U.S. Dist. LEXIS 194235 (S.D. NY) November 13, 2018.

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