ME: CSLI info properly seized by warrant on PC, rest of cell information suppressed because warrant was severable

The state obtained a search warrant for defendant’s CSLI and practically everything else it could get from the cell provider in an effort to link him and another to a structure arson. The trial court suppressed it all. On appeal, the court held that the CSLI was properly obtained and probable cause was shown to link defendant to the fire. The rest, however, wasn’t properly obtained, but that is easily severable from the CSLI. The court won’t suppress it all because part was overbroad. State v. Simmons, 2016 ME 103, 2016 Me. LEXIS 121 (July 12, 2016).

Officers responded to a shots fired in a domestic call, and that was exigency to enter. “Lieutenant Brake testified that he made the decision to enter the residence and secure Defendant based on the totality of the circumstances: (1) the danger to nearby homes and to officers on scene posed by Defendant’s rifle, (2) Defendant’s willingness to use the firearm, (3) Defendant’s assault on his wife, (4) Defendant’s refusal to communicate with officers on scene, and (5) Defendant’s mental state and the possibility that he might harm himself.” United States v. Bustamante-Martinez, 2016 U.S. Dist. LEXIS 92207 (E.D.N.C. May 20, 2016),* adopted 2016 U.S. Dist. LEXIS 92211 (E.D.N.C. July 15, 2016).*