M.D.Fla.: Whether a state court judge could issue a ping order that crossed state lines is governed by GFE

A state court judge issued a ping order and the phone crossed state lines. Was it a tracking order or an SCA order? “The Court sees no need to venture further into the quagmire of tracking devices, the SCA, and jurisdictional authority to issue warrants because even if the warrants were issued contrary to law, the good faith exception applies. See Leon, 468 U.S. at 913. ‘[T]he exclusionary rule does not apply when the police conduct a search in “objectively reasonable reliance” on a warrant later held invalid.’ Davis v. United States, 564 U.S. 229, 239, 131 S. Ct. 2419, 180 L. Ed. 2d 285 (2011) (quoting Leon, 468 U.S. at 922).” United States v. Gutierrez, 2018 U.S. Dist. LEXIS 191259 (M.D. Fla. Nov. 8, 2018).

Defendant didn’t show that the third party’s consent was invalid or that the plain view didn’t apply. Stuart-Holt v. United States, 2018 U.S. Dist. LEXIS 191268 (D.N.H. Nov. 8, 2018).*