{"id":22460,"date":"2016-06-06T00:04:50","date_gmt":"2016-06-06T05:04:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22460"},"modified":"2016-06-05T11:09:30","modified_gmt":"2016-06-05T16:09:30","slug":"n-d-cal-rep-in-csli-but-gfe-applies-where-court-order-sought-on-pc","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22460","title":{"rendered":"N.D.Cal.: REP in CSLI, but GFE applies where court order sought on PC"},"content":{"rendered":"<p>Defendant has a reasonable expectation of privacy in his CSLI in this district. Here it was sought by an order with a sufficient showing under \u00a7 2703, and the good faith exception applies. United States v. Alvarez, 2016 U.S. Dist. LEXIS 72803 (N.D.Cal.  June 3, 2016).<\/p>\n<p>\u201cHere, the search warrant was undoubtedly supported by probable cause\u201d for dealing drugs on a tribal casino property.  \u201cAdditionally, although the Court need not reach the issue, the Court notes that Kouayara&#8217;s mere presence in the cabin where the drugs were found was likely sufficient to create probable cause. Where officers discover facts giving rise to probable cause that drug dealing is occurring in a small space, and only a small number of people are located in that space, then officers have probable cause to suspect that those individuals are engaged in illegal drug activities because drug dealing is \u2018an enterprise to which a dealer would be unlikely to admit an innocent person with the potential to furnish evidence against him.\u2019 Pringle, 540 U.S. at 373.\u201d United States v. Kouayara, 2016 U.S. Dist. LEXIS 71417 (D.Minn. May 31, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant has a reasonable expectation of privacy in his CSLI in this district. Here it was sought by an order with a sufficient showing under \u00a7 2703, and the good faith exception applies. United States v. Alvarez, 2016 U.S. Dist. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22460\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[84],"tags":[],"class_list":["post-22460","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22460","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=22460"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22460\/revisions"}],"predecessor-version":[{"id":22461,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22460\/revisions\/22461"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22460"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22460"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22460"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}