Ellis

United States v. Ellis

Good Law
270 F. Supp. 3d 1134
United States District Court, Northern District of CaliforniaAugust 24, 2017Case No. 13-CR-00818 PJHCalifornia13,454 words

Opinion

Lead Opinion

Hamilton, J.

PRETRIAL ORDER NO. 3 DENYING MOTIONS TO SUPPRESS

On August 2, 2017, the court held a hearing on the motions of defendant Pur-vis Lamar Ellis to suppress evidence, obtained from use.of Stingrays on behalf of all defendants; to suppress evidence seized from Apartment 212 on behalf of all defendants; and to sever. The court DE *1139 NIED Ellis’s motion to sever for the reasons stated on the record. Doc. no, 306. Having considered the relevant, legal authority, the papers, argument of counsel, and the evidence in the record, the court DENIES the motions to suppress, doc. nos. 304, 307, for the reasons stated at the hearing and set forth below.

I. Motion to Suppress Evidence Obtained from Use of Cell Site Simulators

Ellis moves on behalf of all defendants to suppress any and all evidence obtained or derived from the use of cell site simulators (“CSS”), generally referred to as Stingrays. Doc. no. 304. As described in the Department of Justice Policy Guidance (“DOJ Policy”) cited by Ellis, a CSS functions by transmitting as á cell tower, such that cell phones in its proximity transmit signals to the CSS, which the cell phones identify as the most attractive cell tower in the area.…

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