United States v. Williams

Good Law
161 F. Supp. 3d 846·2016 WL 492933·2016 U.S. Dist. LEXIS 16442
United States District Court, Northern District of CaliforniaFebruary 9, 2016Case No. 13-cr-00764-WHOCalifornia5,440 words

Opinion

Lead Opinion

Orrick, J.

ORDER ON MOTIONS TO SUPPRESS MOBILE WARRANT, AND JUNE 4, 2012 EXIGENT REQUEST

Re: Dkt. Nos. 570, 583, 588

INTRODUCTION

Defendant Antonio Gilton (“A. Gilton”) moves to suppress all cell phone data un *849 lawfully obtained under a warrant issued to his cell phone provider, Sprint, on June 6, 2012. Defendant Barry Gilton (“B. Gil-ton”) moves to suppress all cell phone data unlawfully obtained pursuant to an exigent request to his cell phone provider, T-Mobile, on June 4, 2012, as well as all cell phone data unlawfully obtained under a warrant issued to T-Mobile on June 6, 2012. For the reasons discussed below, A. Gilton’s motion to suppress is GRANTED, and B. Gilton’s two motions to suppress are DENIED.

BACKGROUND

On June 6, 2012, a judge of the Superior Court of California, County of San Francisco issued a warrant to Sprint for the seizure of cell phone records for the number 424-202-7921 (the “Sprint warrant”). The warrant identifies three categories of information for seizure: (1) subscriber and billing information; (2) all incoming and outgoing calls and texts from May 1, 2012 to June 6, 2012; and (3) cell site location information (“CSLI”).

The affidavit submitted in…

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