Nebraska Supreme Court finds good faith exception applies to defeat Carpenter claim.

In this appeal from his conviction for second degree murder, the defendant appealed claiming that the trial court erred in denying his motion to suppress cell site location information. Law enforcement sought a Stored Communications Act court order, which was granted. The records contained cell site location information for the defendant’s phone.

Citing Illinois v. Krull, the Nebraska Supreme Court decided that the good faith exception should apply.

The case is State v. Brown, 302 Neb. 53, 921 N.W.2d 804, 2019 Neb. LEXIS 10 (Neb. S. Ct.) January 18, 2019.

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