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Good Faith Exception Applies to pre-Carpenter Seizures of Cell Site Location Information (CSLI) Under the Stored Communications Act (SCA).

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

             Appellant Jay Goldstein had moved to suppress cell site location information (CSLI), in the District Court, arguing a violation of his Fourth Amendment rights because the information was obtained without a warrant.   The District Court denied the motion finding the information was lawfully obtained under the Stored Communications Act (SCA),  18 U.S.C. § 2703 (d), which does not require a showing of probable cause, but only a lower standard of ?specific and articulable facts? showing that there were reasonable grounds to believe that the information sought was ?relevant and material? to the underlying investigation.  The Third Circuit initially affirmed the decision pursuant to prevailing circuit case law that held a defendant did not have a privacy interest in CSLI and therefore the government did not need to establish probable cause before gathering the information...continue to full post

Full post as published by Third Circuit Blog on March 06, 2019 (boomark / email).