In United Sates v. Elmore, --- F.3d ---, No. 16-10109 (9th Cir. 2019), the Court reversed the district court's order granting suppression of historical cell-site location information (CSLI).
The CSLI was obtained pursuant to a warrant. But the district court found it lacked probable cause as to this particular defendant. The Ninth Circuit agreed with that point. Nevertheless, it found exclusion unwarranted under the good faith exception. It concluded: "Although we agree with the district court that the warrant authorizing the
seizure of Gilton’s location data was not supported by probable cause, we conclude
that the deficiencies were not so stark as to render the officers’ reliance on the
warrant 'entirely unreasonable.'"
