United States v. Graham, No. 12-4659 (4th Cir. 2015)Annotate this Case
Defendants Graham and Jordan appealed their convictions for several offenses arising from a series of armed robberies. Jordan separately challenged restrictions on his own testimony imposed by the district court, the denial of his motion for severance, the exclusion of certain out-of-court statements attributed to Graham, the admission of evidence seized during a search of his residence, and the sufficiency of the evidence supporting several of his convictions.The court concluded that the government’s warrantless procurement of the cell site location information (CSLI) was an unreasonable search in violation of defendants’ Fourth Amendment rights. The court held, nonetheless, that the district court's admission of the challenged evidence must be sustained because the government relied in good faith on court orders issued in accordance with Title II of the Electronic Communications Privacy Act, Pub.
L. No. 99-508, 100 Stat. 1848, or the Stored Communications Act (SCA), 18 U.S.C. 2703(a), (c). The court rejected Jordan's separate challenges, finding no reversible error. Accordingly, the court affirmed the judgment of the district court.