S.D.N.Y.: Failure to challenge CSLI before Carpenter wasn’t IAC

Defendant’s verdict was the day Carpenter was decided, and his defense lawyer hadn’t challenged the CSLI before that. Defense lawyers don’t have to forecast changes in the law. “ Even following Carpenter, the Second Circuit has declined to suppress cell phone location evidence obtained in good faith reliance on prior existing law. … As a result, the applicability of the good faith doctrine, in addition to excluding the risk of prejudice, entitles Carrano’s trial counsel to the presumption that the failure to move was reasonable trial strategy.” United States v. Carrano, 2018 U.S. Dist. LEXIS 205036 (S.D. N.Y. Dec. 4, 2018).*

Probable cause existed for the detention and arrest of the defendants at the Cincinnati airport in Kentucky based on a series of activity noted of arriving on the same flight from Phoenix on separate days, a pattern of going to a part of the parking garage to deposit a certain type of luggage (repeatedly using the same brand and type of luggage to be discarded). Officers had previously back tracked the depositors of the luggage through airport surveillance video from getting off the flight to leaving the parking garage in cars. United States v. Nelson, 2018 U.S. Dist. LEXIS 205451 (E.D. Ky. Dec. 5, 2018).*

This entry was posted in Cell site location information, Ineffective assistance, Probable cause. Bookmark the permalink.

Comments are closed.