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U.S. v. Villanueva, 8:12-CR-205-T-17MAP. (2016)

Court: District Court, M.D. Florida Number: infdco20160601952 Visitors: 13
Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause is before the Court on: Dkt. 491 Defendant Martin's Motion to Suppress Historic Cell Tower Data and Derivative Evidence (Deonte Jamal Martin) Dkt. 564 Response in Opposition Dkt. 637 Supplemental Response (Government) Dkt. 639 Court's Exhibit List — March 22, 2016 Hearing Dkt. 640 Government's Exhibit List — March 22, 2016 Hearing Dkt. 641 Defendant Deonte Martin's Exhibit List — March 22, 2016 Hearing Dkt. 647 Supplementa
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ORDER

This cause is before the Court on:

Dkt. 491 Defendant Martin's Motion to Suppress Historic Cell Tower Data and Derivative Evidence (Deonte Jamal Martin) Dkt. 564 Response in Opposition Dkt. 637 Supplemental Response (Government) Dkt. 639 Court's Exhibit List — March 22, 2016 Hearing Dkt. 640 Government's Exhibit List — March 22, 2016 Hearing Dkt. 641 Defendant Deonte Martin's Exhibit List — March 22, 2016 Hearing Dkt. 647 Supplemental Response (Deonte Jamal Martin) Dkt. 734 Report and Recommendation Dkt. 741 Transcript

The above Motion was referred to the assigned Magistrate Judge to conduct a hearing, if necessary, and for a Report and Recommendation. The assigned Magistrate Judge heard oral argument on March 22, 2016. The assigned Magistrate Judge has entered a Report and Recommendation (Dkt. 734) in which it is recommended that Defendant Martin's Motion to Suppress be denied because Defendant Martin lacks standing under the Fourth Amendment to challenge the admissibility of the call data records (which include cell site locations but exclude the content of any communications) for the numbers ending in 2330 and 4196. A subscriber has no reasonable expectation of privacy in a third-party service provider's historical, non-content business records. United States v. Davis. 785 F.3d 498, 505 (11th Cir. 2015) (en banc) (holding that the Government's obtaining cell phone tower records from a provider under the Stored Communications Act does not constitute a search under the Fourth Amendment). In the Report and Recommendation, the assigned Magistrate Judge further notes that, assuming that Defendant Martin did have standing and that the orders lacked specific and articulable facts, exclusion is not a remedy available to Defendant Martin. United States v. Madison. 2016 WL 1019266 at *1 (11th Cir. Mar. 15, 2016).

The Court has independently reviewed the Motion, Response and the record. No objections to the Report and Recommendation have been filed. After consideration, the Court adopts the Report and Recommendation. Accordingly, it is

ORDERED that the Report and Recommendation (Dkt. 734) is adopted. Defendant Deonte Jamal Martin's Motion to Suppress Historical Cell Tower Data and Derivative Evidence (Dkt. 491) is denied.

DONE and ORDERED.

Source:  Leagle

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