In this case, the Defendant made a motion to suppress regarding call records that were procured through an NYPD administrative subpoena and cell site location information that was procured through a subpoena coupled with a Stored Communications Act order.
In denying the motion, the judge found with respect to the call records, even if the administrative subpoena was improper, the defendant had no standing regarding the cell service provider’s records.
Since the subpoena was issued for the CSLI in 2017 before the Carpenter decision was handed down, the Court looked to the fact that there was ample probable cause to sign the order. The Court also looked to the fact that two days were requested, more than implying that Carpenter is not implicated.
The Court also noted that the good faith exception would apply given the state of the law in 2017.
The case is People v Edwards, 63 Misc. 3d 827, 97 N.Y.S.3d 418, 2019 N.Y. Misc. LEXIS 1324, 2019 NY Slip Op 29086, Sup. Ct. NY, Bronx Cty. (March 14, 2019).