S.D.W.Va.: Pen register information collected beyond time limit of register not suppressed under 4A because it’s not a search

Pen register information collected outside the time period of the pen register order would not be suppressed under the Fourth Amendment because its collection is not even a “search.” Defendant has no standing in search warrants issued for two cell phones, neither of which were his. His effort to bootstrap standing by claiming his privacy was violated would “swallow” standing and is contrary to authority. United States v. Woodside, 2017 U.S. Dist. LEXIS 8852 (S.D. W.Va. Jan. 23, 2017).

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