United States v. Davis, No. 12-12928 (11th Cir. 2015)Annotate this Case
Defendant appealed the denial of his motion to suppress evidence after being convicted of several counts of Hobbs Act robbery, conspiracy and knowing possession of a firearm in furtherance of a crime of violence. At issue was whether the court order authorized by the Stored Communications Act, 18 U.S.C. 2703(d), compelling the production of a third-party telephone company's business records containing historical cell tower location information violated defendant's Fourth Amendment rights and was unconstitutional. The court held that the court order for production of MetroPCS's business records at issue did not constitute a search and did not violate the Fourth Amendment rights of defendant. A traditional balancing of interests amply supports the reasonableness of the section 2703(d) order at issue in this case where defendant had a diminished expectation of privacy; the production of the records did not entail a serious invasion of defendant's privacy interest; the disclosure of the records served substantial government interests; and any residual doubts concerning the reasonableness of any arguable "search" should be resolved in favor of the government. Therefore, the district court did not err in denying defendant's motion to suppress and the court affirmed defendant's convictions.
The court issued a subsequent related opinion or order on October 4, 2017.