Second Circuit invokes good faith exception regarding CSLI

In this direct appeal, the Defendant was convicted of murder, firearms, racketeering, robbery, and drug offenses based on a gang dispute over drug turf in Brooklyn.

In this conspiracy prosecution, the Government presented rap videos and cell site location information. The Government, back in 2009, used a Stored Communications Act Order to obtain the Defendant’s CSLI.

The Second Circuit invoked the good faith exception because they do not believe that that section of the SCA was “clearly unconstitutional,” citing Illinois v. Krull, 480 U.S. 340, 349-50, 107 S. Ct. 1160, 94 L. Ed. 2d 364 (1987).

The Second Circuit rejected the Defendant’s argument that the good faith exception should not apply because the Government’s application failed to disclose that it sought his cell-site records to investigate a murder, rather than drug distribution conspiracy detailed in the application because it found that the murder was bound up in the conspiracy.

The case is United States v. Herron, 762 Fed. Appx. 25, 2019 U.S. App. LEXIS 4679, 2019 WL 626150 (February 14, 2019)

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