“Petitioner argues that the IRS’s summonses to Bank of America and Regions Bank violate his Fourth Amendment rights. … The Eleventh Circuit recently considered and rejected a Fourth Amendment challenge to an IRS summons directed towards a bank because the third-party doctrine precludes any argument that the taxpayer has a reasonable expectation of privacy in those records. Presley v. United States, 895 F.3d 1284, 1291 (11th Cir. 2018). Likewise, Petitioner’s Fourth Amendment challenge to the summonses at issue here fails.” Belcik v. United States, 2018 U.S. Dist. LEXIS 144269 (N.D. Ala. Aug. 24, 2018).
Defendants lack standing as to CSLI on others’ phones, and they lose under Davis as to their own. Carpenter was from the Sixth Circuit, and these four CSLI requests were from 2017 under established circuit precendent. United States v. Woods, 2018 U.S. Dist. LEXIS 146030 (E.D. Mich. Aug. 28, 2018).*