United States v. Moore-Bush, No. 19-1582 (1st Cir. 2020)Annotate this Case
The First Circuit reversed the judgment of the district court granting Defendants' motions to suppress all evidence obtained directly by a pole camera, holding that the doctrine of stare decisis controlled this case and required reversal of the district court.
At issue was whether the Supreme Court's opinion in Carpenter v. United States, 138 S. Ct. 2206 (2018), a cell phone location automatic tracking technology case, provided a basis for departing from otherwise binding First Circuit precedent in United States v. Bucci, 582 F.3d 108 (1st Cir. 2009) and Supreme Court precedent on which Bucci was based. The First Circuit held that, by departing from that precedent in granting Defendants' motions to suppress, the district court violated the vertical rule of stare decisis. The Court thus remanded with instruction to deny the motions to suppress.