D.Minn.: SW arguably included use of cell site simulator to track phone; GFE applied in any event

The state issued warrant here authorized the use of a cell site simulator, but this wasn’t explicitly stated in the affidavit for warrant. And, the affidavit wasn’t incorporated into the warrant either. This is a close question. The court comes down on the side of the warrant permitting this. “The language in the search warrant itself referring to location technology devices, available location technology, cell site information, and ‘any other available precision location information’ is broad enough to include cell-site information, though it would have been the better practice to specify that a cell-site simulator might be used, rather than describing general categories of investigative techniques that include the use of cell-site simulators.” Moreover, the good faith exception applies. United States v. Bennett, 2023 U.S. Dist. LEXIS 231654 (D. Minn. Nov. 7, 2023), adopted, 2024 U.S. Dist. LEXIS 100 (D.Minn. Jan. 2, 2024).

Police showed up to execute a search warrant as defendant was about to leave for vacation in Mexico. He said he was leaving then, and one said “You’re not going anywhere.” “Defendant being questioned in the comfort of his own home, with no physical threat to his liberty or safety, weighs heavily in favor of a finding that Defendant was not in custody.” No handcuffs, no drawn weapons, white-collar fraud warrant. United States v. Carver, 2024 U.S. Dist. LEXIS 1256 (E.D.N.Y. Jan. 3, 2024).*