United States v. Korte, No. 18-50051 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed defendant's convictions for bank robbery and denied his motions to suppress evidence. The panel held that the district court correctly held that the search of defendant's trunk was a lawful parole search where defendant's uncontested control over the car was sufficient to permit a warrantless search of its trunk and, in any event, his conduct also illustrated a sufficiently close nexus to the trunk itself where officers observed him putting things inside the trunk.
The panel also held that the warrantless placement of a GPS tracker on the car of defendant, a parolee, did not violate the Fourth Amendment. Furthermore, cell site location information (CSLI) acquired before Carpenter v. United States, 138 S. Ct. 2206 (2018), was admissible under the good-faith exception to the exclusionary rule so long as the government satisfied the Stored Communications Act's then-lawful requirements. In this case, the government reasonably relied on the Act when it obtained defendant's CSLI information. Therefore, the panel affirmed the district court's application of the Fourth Amendment's good faith exception.