Massachusetts District Court holds Carpenter does not apply to subpoena for financial records

In this bank fraud and identity theft prosecution, one defendant filed a motion to suppress financial records that were seized without a warrant (with a subpoena). The Defendant argued that Carpenter applied to “novel circumstances.” There is no explication as to what that means.

The Court rejected this argument, deciding that this case falls within the heartland of the third party doctrine and United States v. Miller, 425 U.S. 435, 96 S. Ct. 1619, 48 L. Ed. 2d 71 (1975).

The case is United States v. Moiseev, 364 F. Supp. 3d 23, 2019 U.S. Dist. LEXIS 34949, 2019 WL 1050015 D. Mass. (March 5, 2019).

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