{"id":36150,"date":"2019-01-22T07:05:42","date_gmt":"2019-01-22T12:05:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=36150"},"modified":"2019-01-22T07:06:24","modified_gmt":"2019-01-22T12:06:24","slug":"e-d-n-c-sw-for-data-off-phone-isnt-governed-by-carpenter","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=36150","title":{"rendered":"E.D.N.C.: SW for data off phone isn&#8217;t governed by <em>Carpenter<\/em>"},"content":{"rendered":"<p>Where the search warrant sought information off defendant\u2019s telephone, Carpenter is not implicated. It was also pre-Carpenter. There was also an order for CSLI in 2015, and that was not barred by Carpenter. United States v. Evans, 2018 U.S. Dist. LEXIS 219506 (E.D. N.C. Dec. 20, 2018).<\/p>\n<p>\u201cHenricy&#8217;s claim regarding a pre-plea issue with the search warrant was waived by his guilty plea.  See Wilson v. United States, 962 F.2d 996, 997 (11th Cir. 1992) (stating that claims of ineffective assistance of counsel that do not implicate the validity of the plea are waived by a guilty plea).\u201d Henricy v. United States, 2019 U.S. App. LEXIS 1708 (11th Cir. Jan. 17, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Where the search warrant sought information off defendant\u2019s telephone, Carpenter is not implicated. It was also pre-Carpenter. There was also an order for CSLI in 2015, and that was not barred by Carpenter. United States v. Evans, 2018 U.S. Dist. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=36150\">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":[5,84],"tags":[],"class_list":["post-36150","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-cell-site-location-information"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36150","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=36150"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36150\/revisions"}],"predecessor-version":[{"id":36152,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36150\/revisions\/36152"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36150"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36150"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36150"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}