The state issued warrant here authorized the use of a cell site simulator, but this wasn\u2019t explicitly stated in the affidavit for warrant. And, the affidavit wasn\u2019t incorporated into the warrant either. This is a close question. The court comes down on the side of the warrant permitting this. \u201cThe language in the search warrant itself referring to location technology devices, available location technology, cell site information, and \u2018any other available precision location information\u2019 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.\u201d 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).<\/p>\n\n\n\n
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 \u201cYou\u2019re not going anywhere.\u201d \u201cDefendant 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.\u201d 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).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The state issued warrant here authorized the use of a cell site simulator, but this wasn\u2019t explicitly stated in the affidavit for warrant. And, the affidavit wasn\u2019t incorporated into the warrant either. This is a close question. The court comes … Continue reading