CA1: Cell phones are not tracking devices, following CA7 & 3

“In affirming, we reject his arguments that there was error in the issuance of precise location information warrants (‘PLI warrants’) by a magistrate judge in Maine on a finding of probable cause, which allowed monitoring of the locations of Ackies’s two cell phones. We hold that the PLI warrants were properly issued under the Stored Communications Act (SCA), 18 U.S.C. §§ 2701 et seq. Our holding on this issue is like those of the Seventh and Third Circuits. … [¶] We reject the argument that the cell phones were tracking devices under 18 U.S.C. § 3117, and that the PLI warrants violated Rule 41(b) of the Federal Rules of Criminal Procedure. We also hold, in accord with our decision in United States v. Levin, 874 F.3d 316 (1st Cir. 2017), and the views of four other circuits, that the good-faith exception to suppression could apply in any event.” United States v. Ackies, 2019 U.S. App. LEXIS 7384 (1st Cir. Mar. 13, 2019).