D.Neb.: Good faith exception applies to applications for CSLI

The good faith exception applies to applications for CSLI. United States v. Corona, 2014 U.S. Dist. LEXIS 106398 (D. Neb. June 23, 2014):

Notwithstanding the sufficiency of the search warrant issued by Judge Gossett, or any theoretical ramifications behind distinguishing historical and prospective GPS data acquired without a warrant, HSI agents in this case relied on a valid act of Congress when carrying out their duties as law enforcement personnel. See United States v. Watson, 423 U.S. 411, 416 (1976) (stating Acts of Congress are afforded a strong presumption of constitutionality). Neither case law nor the statute itself clearly delineate what type of “information” falls within the ambit of § 2703(c). However, any constitutional deficiencies within § 2703(c)(1)(B) are remedied here by the objectively reasonable reliance on its validity by Agent Allrich. See United States v. Davis, — F.3d —, 2014 WL 2599917 (11th Cir. 2014) (holding the good faith exception to the exclusionary rule applies to the acquisition of cell site location data by law enforcement); United States v. Espudo, 954 F. Supp. 2d 1029, 1044-45 (S.D. Cal. 2013) (holding even though real-time cell site location data falls outside the “information” within § 2703, the officer’s reliance on the statute’s validity precluded suppression of the information obtained).