{"id":56809,"date":"2024-01-14T12:27:26","date_gmt":"2024-01-14T17:27:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56809"},"modified":"2024-01-14T12:27:26","modified_gmt":"2024-01-14T17:27:26","slug":"de-challenge-to-search-after-pg-doesnt-show-actual-innocence","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56809","title":{"rendered":"DE: Challenge to search after PG doesn&#8217;t show actual innocence"},"content":{"rendered":"\n<p>After acquired information that a cell site simulator might have been misused doesn&#8217;t show actual innocence or undermine guilty plea. \u201cThe appellant pleaded guilty, and his assertion that he has new evidence that law enforcement illegally or improperly used cell-site simulators or related devices to gather evidence against him, even if true, does not create a &#8220;strong inference&#8221; that he is \u2018actually innocent in fact of the acts underlying the charges of which he was convicted.\u2019\u201d <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=358120\">Brinkley v. State<\/a>, 2024 Del. LEXIS 15 (Jan. 10, 2024).<\/p>\n\n\n\n<p>The government\u2019s pre-Carpenter (2018) obtaining CSLI in 2013 was obtained in good faith and would not be suppressed. [It\u2019s also fairly obvious there was a standing issue, but it wasn\u2019t necessary to talk about it.] United States v. Ortiz-Orellana, 2024 U.S. App. LEXIS 660 (4th Cir. Jan. 10, 2024).*<\/p>\n\n\n\n<p>There was probable cause for the tracking warrant put on defendant\u2019s vehicle. The information to place it wasn\u2019t stale because he was involved in ongoing drug distribution. United States v. Heath, 2024 U.S. Dist. LEXIS 4520 (E.D. Mich. Jan. 9, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>After acquired information that a cell site simulator might have been misused doesn&#8217;t show actual innocence or undermine guilty plea. \u201cThe appellant pleaded guilty, and his assertion that he has new evidence that law enforcement illegally or improperly used cell-site &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56809\">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":[84,82,11,126,112],"tags":[],"class_list":["post-56809","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information","category-cs-sim","category-good-faith-exception","category-issue-preclusion","category-tracking-warrant"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56809","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=56809"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56809\/revisions"}],"predecessor-version":[{"id":56810,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56809\/revisions\/56810"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56809"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56809"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56809"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}