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Warrant for “Stingray” Information Determined Sufficient

Posted by Daniel Herbert DUI/Criminal Defense
Warrant for “Stingray” Information Determined Sufficient

In prosecution on drug and firearm charges, district court did not err in denying defendant’s motion to suppress location and traffic data that had been obtained pursuant to search warrant issued under 18 U.S.C. § 2703(d), which provides that judge may issue warrant to seize cell-phone information, as well as allow police to use pen register, trap-and-trace devises, historical cell-call records, and cell simulator to capture signals emitted by subject cell phones. District court found that application for warrant was supported by probable cause, and record contained no evidence that agents monitored contents of cell-phone calls that would have required separate wiretap warrant. Court also rejected defendant’s contention that warrant improperly authorized general search for evidence of any crime, and that instant warrant failed to particularly describe place to be searched and person and things to be seized, where warrant merely allowed agents to follow particular cell phone to see where it went and discover what calls it made.

United States v. Sanchez-Jara, No. 17-2593 (5/3/18) N.D. Ill., E. Div Affirmed.

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