Defendant was suspected of being a serial bank robber in the Houston area, and the government obtain CSLI by an SCA § 2703(d) order without a showing of probable cause. Two months before trial, Carpenter was decided, and, that same day, the government obtained an order on probable cause for an even greater period of time. Defendant moved to suppress, and the district court granted it. Reversed. The good faith exception applies to the information obtained prior to Carpenter. United States v. Beverly, 2019 U.S. App. LEXIS 33977 (5th Cir. Nov. 14, 2019).
When detained at the NYC Port Authority Bus Terminal for not leaving a business establishment there, defendant made statements that were threats to the well-being of an out-of-state former college professor of his, and he was arrested, and then later indicted in federal court in the Eastern District of New York after his apartment was searched. The fact the state dismissed his misdemeanor counts arising during his arrest has no affect on the legality of his initial arrest. “That there are differences between the offenses cited in the federal complaint, the state arrest report, and the state misdemeanor complaint is of no consequence to the probable cause analysis.” The search of his computer will be addressed in a separate order. United States v. Segui, 2019 U.S. Dist. LEXIS 196242 (E.D. N.Y. Nov. 12, 2019).*