More was shown than just that defendant was a drug dealer. He was the driver for a man who regularly did drug deals and he watched them all go down. He was seen leaving a house attributed to him in a car belonging to somebody else. A trash pull showed evidence of drug trafficking going on there. This was enough for nexus. United States v. Johnson, 2018 U.S. Dist. LEXIS 38362 (S.D. Ohio Mar. 8, 2018).
The government says it won’t use the product of a pen register against the defendant, so it’s moot. The defendant’s statutory claim on the merits would fail: “The Court finds that defendant has no basis to challenge the admissibility of the pen register data under federal law, because the use of a pen register or trap and trace device is not a search under the Fourth Amendment.” United States v. Tate, 2018 U.S. Dist. LEXIS 38658 (N.D. Okla. Mar. 9, 2018).*
Another Playpen warrant sustained. United States v. Stamper, 2018 U.S. Dist. LEXIS 38689 (S.D. Ohio Mar. 9, 2018).*