Hawaii District Court invokes good faith exception despite lack of Ninth Circuit precedent.

In this obstruction of justice prosecution, the Defendant filed a motion to suppress evidence seeking to suppress cell site location information. Here, the CSLI was obtained back in 2015 through a Stored Communications Act (18 U.S.C. § 2703) order.

The District Court immediately invoked the good faith exception, citing Illinois v. Krull, 480 U.S. 340, 107 S. Ct. 1160, 94 L. Ed. 2d 364 (1987) and United States v. Leon, 468 U.S. 897, 104 S. Ct. 3405, 82 L. Ed. 2d 677 (1984). The District Court mentions some of the Circuit cases that previously upheld the warrantless retrieval of CSLI. After noting that the Ninth Circuit never weighed in on this issue prior to the U. S. Supreme Court Carpenter decision, the Court held that the Government could reasonably rely on the statute.

The case is United States v. Kealoha, 2019 U.S. Dist. LEXIS 22326, 2019 WL 573409 (D. Hawaii) February 11, 2019.

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