E.D.N.C.: State judge’s issuance of CSLI warrant across state lines was likely without jurisdiction, but still saved by good faith exception in federal court

The state CSLI warrant here (and noting the conflict in authorities) was deficient in its factual showing, but not so bad that the SW couldn’t be relied upon in good faith. The fact the cell phone company’s records were out of state does not present a constitutional problem. After all, it’s obvious that technology has outpaced legislation. “Nevertheless, it is the undersigned’s opinion that the warrant at issue in this case, even if issued in contravention of the magistrate’s jurisdiction, was not so obviously deficient that a reasonably well-trained officer would have known of its illegality. Because the officers acted in good faith reliance on the warrant, suppression is not warranted based on any deficiencies in the warrant or the issuance thereof.” Finally, failure to timely make the return to the clerk wasn’t a ground for suppression. United States v. Gardner, 2016 U.S. Dist. LEXIS 58670 (E.D.N.C. April 1, 2016), adopted 2016 U.S. Dist. LEXIS 58672 (E.D.N.C. May 2, 2016).