CA2: No less intrusive measures requirement before seeking CSLI

“The CSLI and cell-site simulator warrants provided evidence of the general and specific location of one of Brown’s cell phones and, therefore, of Brown’s likely movements between his indictment and arrest. Brown contends that investigators procured these warrants by falsely representing that they required the CSLI and cell-site simulator information to locate and arrest him. The Government vigorously denies falsity. We need not resolve this dispute or ask the District Court to do so. First, to procure a search warrant, the Government need show only probable cause to believe that the search will yield incriminating evidence-or, in this case, facilitate an authorized arrest. It need not show that it has exhausted other investigative means without success.” United States v. Brown, 2024 U.S. App. LEXIS 29898 (2d Cir. Nov. 25, 2024).

The CI provided detailed information about defendant’s possession of PCP down to keeping it in a thermos because it needed to be stored in a glass container. “Given the CI’s lengthy and proven track record of providing truthful and corroborated information, under the totality of the circumstances, law enforcement had probable cause to search the Defendant’s vehicle. Indeed, ‘there [was] a fair probability that contraband or evidence of a crime [would] be found in’ the vehicle. Gates, 462 U.S. at 214.” United States v. Streater, 2024 U.S. Dist. LEXIS 211910 (D. Conn. Nov. 21, 2024).*

The false statements in the affidavit for warrant were neither reckless nor intentional nor even material. United States v. Clanton, 2024 U.S. Dist. LEXIS 212304 (E.D.N.Y. Nov. 21, 2024).*