CA6 applies GFE to Carpenter on remand, and he still loses

The SCA was the law prior to Carpenter, so the good faith exception applies. From the date of Carpenter, the Fourth Amendment applies: “Carpenter II confirmed that the SCA does not immunize a government officer’s collection of CSLI from the safeguards of the Fourth Amendment. Moving forward, traditional Fourth Amendment principles will replace reflexive or mechanical use of § 2703(d). The government must either get a warrant or rely on a recognized exception to the warrant requirement.” United States v. Carpenter, 2019 U.S. App. LEXIS 17383 (6th Cir. June 11, 2019).

Rodriguez lost on remand, too.

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