In this felon in possession of a firearm prosecution, law enforcement officers responded to a shooting, and pursuant to their investigation, sought real time CSLI to make an arrest.
The Court, in response to the pro-se Defendant’s motion (where this was one motion of many) , looked to the Stored Communications Act text which authorized disclosure where there is danger of death or serious physical injury. The Motion to Suppress was therefore denied based on exigent circumstances.
The case is United States v. Andrews, 2019 U.S. Dist. LEXIS 26283, 2019 WL 669808 D. MN (February 19, 2019).