E.D.Va.: Circuit authority doesn’t require SW for CSLI, so there’s no point in waiting for Carpenter

CSLI without a search warrant is permitted under the law of this circuit, so there’s no point in waiting for Carpenter to be decided. [Without explicitly saying it, Davis good faith exception will apply.] United States v. Simmons, 2017 U.S. Dist. LEXIS 206568 (E.D. Va. Dec. 14, 2017).

Defendant raised a date issue on the affidavit and search warrant, but the trial court reserved ruling. In the trial proof there was an explanation. In light of the explanation, any objection would have been overruled, and defense counsel couldn’t be ineffective for not getting a ruling. United States v. Wiggins, 2017 U.S. Dist. LEXIS 206178 (E.D. Mich. Dec. 15, 2017).*

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