United States v. Wallace, No. 16-40701 (5th Cir. 2017)Annotate this Case
Defendant pleaded guilty to being a felon in possession of a firearm, and aiding and abetting retaliation against a witness in a crime investigation. The Fifth Circuit held that the district court did not err in denying defendant's motion to suppress, because even if the Ping Order for authorization to obtain the locations of cell site towers being accessed by a cellular device was issued in violation of federal or state law, defendant was not entitled to suppression. The court explained that suppression is not a remedy for a violation of either the federal pen-trap statute or the Texas Code of Criminal Procedure. In the alternative, even if accessing prospective cell site data did constitute a Fourth Amendment search, DPS's actions were covered by the good-faith exception to the exclusionary rule. Therefore, the court affirmed the denial of defendant's motion to suppress, and dismissed as moot defendant's request for remand for resentencing regarding his aiding and abetting conviction.
The court issued a subsequent related opinion or order on August 3, 2017.
The court issued a subsequent related opinion or order on March 20, 2018.
The court issued a subsequent related opinion or order on March 21, 2018.