N.D.Cal.: Cell-site simulator requires SW; state law doesn’t permit federal officers to execute state SW

(1) The government’s disclaiming a critical fact in the affidavit for search warrant undermines the probable cause vitiating the warrant. (2) “Use of a cell-site simulator requires a warrant. See United States v. Ellis, 270 F. Supp. 3d 1134, 1141-46 (N.D. Cal. 2017); United States v. Lambis, 197 F. Supp. 3d 606, 609-11 (S.D.N.Y. 2016); Jones v. United States, 168 A.3d 703, 711-17 (D.C. 2017); see also Carpenter v. United States, No. 16-402, slip op. at 1-2, 16-23 (U.S. June 22, 2018).” (3) A state search warrant directed to state officials did not permit a federal officer to execute it. (4) Even if none of these errors was enough for the good faith exception to apply, the totality doesn’t permit it. United States v. Artis, 2018 U.S. Dist. LEXIS 112696 (C.D. Cal. July 6, 2018).

“Although the April 5 and April 7 warrants were plagued by various problems, one defect deserves special attention and is therefore the subject of this separate published ruling: under California law, federal law enforcement officers are not permitted to execute search warrants issued by California state judges.” United States v. Artis, 2018 U.S. Dist. LEXIS 112697 (N.D. Cal. July 6, 2018).

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