D.Ore.: Use of fictitious name to get cell phone denies standing in subscriber information

Even if defendant could challenge a subpoena for information for subscriber information on a cell phone, he lacks standing because he used a fictitious name to get the phone. United States v. Davis, 787 F. Supp. 2d 1165 (D. Ore. 2011):

Following this reasoning, several district courts have held that a defendant lacks standing to challenge cell phone records in which the defendant was not a registered subscriber. See, e.g., United States v. Novas, 640 F. Supp. 2d 256, 264 (S.D.N. Y. 2009), reversed on other grounds by United States v. Novas, 597 F.3d 492 (2d Cir. 2010); United States v. Suarez-Blanca, No. 1:07-CR-0023-MHS/AJB, 2008 WL 4200156, at *6-7 (N.D. Ga. Apr. 21, 2008) (“The subscriber name indicates that [the defendant] either was trying to distance himself from the cell phone or had no interest in the cell phone. As such, the use of a fictitious name or names of third party indicates that [the defendant] does not have a privacy interest in the phones.”); United States v. Skinner, No. 3:06-CR-100, 2007 WL 1556596, at * 15-17 (E.D. Tenn. May 24, 2007) (finding no reasonable expectation of privacy in cell phone records where the defendant was not the legitimate subscriber to the phone); United States v. Solomon, No. 02: 05cr385, 2007 WL 927960, at *3 (W.D. Pa. March 26,2007). This court agrees with the conclusion reached by these district courts.

When defendant was stopped she reached into her purse for her DL, and the officer could see heroin in plain view. United States v. Jones, 2011 U.S. Dist. LEXIS 56186 (W.D. Pa. May 25, 2011).*

Defendant didn’t want to consent, but he did, and a marijuana grow operation was found in the basement behind a hidden door, which the officers figured out. The consent was still voluntary. United States v. Butchko, 2011 U.S. Dist. LEXIS 56274 (N.D. Ill. May 25, 2011).*