CA4: Tracking order using cell site simulator with PC was reasonable

The use of a cell site simulator to track defendant’s phone was conducted by a tracking order issued under state law with probable cause. Tracking him led the police to his place, and then a search warrant issued for the place. United States v. Briscoe, 2024 U.S. App. LEXIS 10428 (4th Cir. Apr. 30, 2024).

There was no showing of probable cause to arrest or that the law wasn’t clearly established. “We affirm. The officers are not entitled to qualified immunity because they violated Ms. Cronick’s clearly established constitutional rights.” Cronick v. Pryor, 2024 U.S. App. LEXIS 10381 (10th Cir. Apr. 30, 2024).*

Defendant contends the affidavit for warrant was misleading by omissions. “But Mr. Hawkins makes no preliminary showing that Detective Goble’s statements were misleading.” United States v. Hawkins, 2024 U.S. Dist. LEXIS 77597 (S.D. Ohio Apr. 29, 2024).*

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