In January 2017, defendant was in a car where the driver was arrested, and he was detained too. Calls were made from their cell phones to tell the codefendant’s father to “clean out” the house before a search warrant arrived. The government sought CSLI from the phone without a search warrant. After Carpenter, defendant moved to suppress. Whether Carpenter applies doesn’t matter because the Davis good faith exception does. United States v. Shaw, 2018 U.S. Dist. LEXIS 130656 (E.D. Ky. Aug. 3, 2018).
Defendant abandoned his car, and there was probable cause for a search under the automobile exception. United States v. Young, 2018 U.S. Dist. LEXIS 130788 (W.D. Okla. Aug. 3, 2018).*