M.D.Fla.: A records preservation request to cell phone providers was not a seizure

A records preservation letter sent to cell phone providers was not a seizure, let alone an unreasonable one. The records were later secured by search warrant. United States v. Zwiefelhofer, 2023 U.S. Dist. LEXIS 134679 (M.D. Fla. Aug. 2, 2023).

Parole officer’s knowledge that defendant’s GPS showed him visiting other drug dealers coupled with information that he was dealing out of his house was reasonable suspicion for a parole search. Commonwealth v. Smith, 2023 PA Super 148, 2023 Pa. Super. LEXIS 358 (Aug. 7, 2023).*

Defendant’s argument that the CI’s information was over 72 hours old was one view of the CI’s story, but the court’s view is that common sense shows it was less than 72 hours. It was not stale information. United States v. Dutton, 2023 U.S. Dist. LEXIS 136815 (E.D. Tenn. June 21, 2023).*

“The net effect of a denial of a Franks hearing, based on Defendant’s inability to meet even the preliminary showing of a Franks hearing, is that Defendant cannot establish a Franks violation. Given that Defendant cannot establish a Franks violation, even if the warrant does not establish probable cause, the Government may rely on the good-faith exception, if applicable.” And it does. United States v. Adams, 2023 U.S. Dist. LEXIS 136866 (M.D. Fla. June 29, 2023).*