Craig v. State
The Fourth DCA affirmed the denial of a motion to suppress evidence obtained after law enforcement used a warrantless cell-site simulator to locate the defendant's phone. The court held that although the warrantless use of a cell-site simulator to obtain CSLI violated the Fourth Amendment under Carpenter and Tracey, the inevitable discovery doctrine applied because police had already lawfully obtained the defendant's address through cell phone records and subscriber information before using the simulator, and were already en route to that address.
Key facts
- Craig was charged with a crime after law enforcement located his cell phone using a warrantless cell-site simulator.
- Police had already lawfully obtained Craig's address through cell phone records and subscriber information and were en route to that location before deploying the cell-site simulator.
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Why it matters
This opinion provides a useful, fact-specific application of the inevitable discovery doctrine to the increasingly common law enforcement practice of using cell-site simulators without a warrant. It confirms that a… — full analysis with a trial
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