CA2: On GVR after Carpenter, Second Circuit also holds GFE applies to 2011 SCA order

Defendant’s CSLI case was GVR’d by SCOTUS after Carpenter. His SCA order was issued in 2011. “Prior to Carpenter, all six courts of appeal to have considered the question had held that the government acquisition of electronic data from third parties was not subject to the Fourth Amendment warrant requirement. See United States v. Ulbricht, 858 F.3d 71 (2d Cir. 2017); United States v. Thompson, 866 F.3d 1149 (10th Cir. 2017); United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc); United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016), rev’d, 138 S. Ct. 2206 (2018); United States v. Davis, 785 F.3d 498 (11th Cir. 2015) (en banc); In re Application of the United States for Historical Cell Site Data, 724 F.3d 600 (5th Cir. 2013).” Davis good faith applies, and the CSLI is not suppressed. United States v. Chambers, 2018 U.S. App. LEXIS 27073 (2d Cir. Sep. 21, 2018). [By the opinion, the defense tried valiantly to overcome the good faith exception, but it was necessarily doomed.]