E.D. New York denies motion to suppress invoking good faith exception

In a brief unpublished order, the District Judge in this case denied the Defendant’s Motion to Suppress Cell Site Location Information. Here, the Government obtained a Stored Communications Act Order four months before the Carpenter case was decided by the United States Supreme Court.

The District Court decided this case on the grounds that the good faith exception allows the Government to rely on existing precedent, despite the fact that there was no Second Circuit precedent at the time of the order.

The Court does cite, and is bound by United States v. Chambers, No. 16-163-CR, _ Fed. Appx. _, 2018 U.S. App. LEXIS 27073, 2018 WL 4523607, at *3 (2d Cir. Sept. 21, 2018) (summary order) and United States v. Zodhiates, 901 F.3d 137, 143-44 (2d Cir. 2018) although these cases utilized the good faith exception knowing there was no prior precedent that the Government could follow, reaching the conclusion that the exception applied through a different rationale.

The case is United States v. Wickham, 2019 U.S. Dist. LEXIS 32261, E.D. N.Y. (February 28, 2019).

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