Northern District of Georgia invokes good faith exception regarding cell tower dump.

In this Hobbs Act robbery (18 U.S.C. § 1951) prosecution, the defendant made a motion to suppress in front of a Magistrate Judge regarding a cell tower dump. There were a number of armed robberies in the downtown Atlanta area. The Goverment received an order pursuant to the Stored Communications Act rather than a search warrant.

The Court did not decide whether cell tower dumps are given the same 4th Amendment protections as cell site location information for a single phone. The Court decided that, assuming that Carpenter applies to cell tower dumps, the good faith exception applies, citing the 11th Circuit case of United States v. Joyner (See September 10 posting on this blog).

The case is United States v. Pendergrass, 2019 U.S. Dist. LEXIS 51751 (N.D. GA) February 6, 2019.

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