E.D.Pa.: CSLI warrant upheld

CSLI warrant upheld: “ The cell site data obtained by the government is admissible because the government’s actions did not constitute a ‘search’ falling under the protection of the Fourth Amendment. Even if the government had violated the Fourth Amendment, its good faith reliance on binding appellate precedent and a search warrant would make suppression of the data inappropriate.” United States v. Moore, 2016 U.S. Dist. LEXIS 149199 (E.D.Pa. Oct. 27, 2016).*

2255 petitioner’s claim that defense counsel didn’t properly attack credibility of the officer about reasonable suspicion fails. Counsel’s witness examination was “persistent” and adequate, and “Because the tape could not do what Reidy claims it does, and because counsel did ensure that Judge Ostby and the appellate court viewed it, he does not show that counsel’s performance was unreasonable.” United States v. Reidy, 2016 U.S. Dist. LEXIS 147887 (D.Mont. Oct. 24, 2016).*