Defendant was tried in 2011. He was scheduled to be sentenced in 2018. He filed a motion to reopen the suppression hearing of his CSLI obtained under the SCA because of Carpenter. Denied; good faith exception applies. United States v. Williams, 2018 U.S. Dist. LEXIS 165813 (E.D. N.Y. Sep. 27, 2018).
“A person has a legitimate expectation of privacy in a motel room in which he is an overnight guest, Minnesota v. Olson, 495 U.S. 91 (1990); however, Petitioner does not aver that, at any time during the events in question, he rented the motel room or even entered the motel room. Therefore, he has not met his burden to show he had a legitimate expectation of privacy in the motel room in question. He cannot show that his counsel’s failure to file a motion to suppress evidence seized from the motel room was deficient in any respect or prejudicial to him. Petitioner’s argument has no foundation.” Dais v. United States, 2018 U.S. Dist. LEXIS 167265 (E.D. Tenn. Sep. 28, 2018).*