New York Supreme Court finds probable cause existed despite lack of application for a warrant.

In this case, the defendant, charged with Assault and Robbery, made a motion to suppress regarding the Defendant’s cell site location information for a three day time period. Here, the prosecutor had submitted ex parte a “notarized affirmation” that the trial court used to hold that there was probable cause in this matter even if the prosecution did not get a warrant.

The Court, in so finding specifically rejected the prosecution’s argument that Carpenter was limited to seven days of CSLI collection or more. They also rejected the argument that the defendant had no standing because the phone was in someone else’s name.

The case is People v. Harris, 92 N.Y.S.3d 863, 62 Misc. 3d 1076,
2019 N.Y. Misc. LEXIS 339, 2019 WL 362329 (Supreme Ct. NY, Queens Cty.).

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