United States v. Wallace, No. 16-40701 (5th Cir. 2017)Annotate this Case
Defendant was convicted of crimes related to his involvement in a Texas crime syndicate. The Fifth Circuit held that the district court did not err in denying defendant's motion to suppress where suppression was 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 defendant's cell phone's E911 data did constitute a Fourth Amendment search, DPS's actions were covered by the good-faith exception to the exclusionary rule. Accordingly, the court affirmed in part and dismissed the part of defendant's request for remand for resentencing as moot.
This opinion or order relates to an opinion or order originally issued on May 22, 2017.