The government sought an order under \u00a7 2703(d) for historical cell-site location information (CSLI) on defendant\u2019s telephone to link her to a drug conspiracy. At the minimum, validity of a \u00a7 2703(d) order is governed by the good faith exception, so the order will not be suppressed. United States v. Muniz, 2013 U.S. Dist. LEXIS 12162 (S.D. Tex. January 29, 2013):<\/p>\n
To obtain CSLI under 18 U.S.C. \u00a7 2703(d), the government must present “specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation.” If getting the information required a probable cause showing, suppression is required unless an exception applies. Davis v. United States, 131 S.Ct. 2419, 2426-27, 180 L. Ed. 2d 285 (2011) (“[T]he exclusionary rule is a prudential doctrine … created by this Court to compel respect for the constitutional guaranty.” (citation omitted)).<\/p>\n
Under the “good-faith exception,” suppression of evidence obtained without a valid search warrant is not required if law enforcement relies in good faith on a search warrant issued by a judicial officer, or believes in good faith that a warrantless search is authorized. United States v. Leon, 468 U.S. 897, 920, ….<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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