United States v. Davis, No. 12-12928 (11th Cir. 2014)Annotate this Case
Defendant appealed his conviction on several counts of Hobbs Act robbery, conspiracy, and knowing possession of a firearm in furtherance of a crime of violence. Defendant principally argued that the district court admitted location evidence based on stored cell site information obtained by the prosecution without a warrant, in violation of his Fourth Amendment rights. The court held that cell site location information is within the subscriber's reasonable expectation of privacy and the obtaining of that data without a warrant is a Fourth Amendment violation. Nonetheless, the court concluded that the district court did not commit a reversible error where the good faith exception to the exclusionary rule under United States v. Leon was applicable in this instance. The court affirmed the judgment of conviction and vacated only that portion of the sentence attributable to the enhancement for brandishing. Only one witness testified that a gun was pointed at her, and there was no evidence that defendant was the one who did it. Further, the jury had an opportunity to convict defendant of either (1) possessing a firearm in furtherance of the robbery or (2) using or carrying a firearm in furtherance of the robbery. Yet it only found that defendant possessed a firearm.
The court issued a subsequent related opinion or order on September 4, 2014.