United States v. Eric Beverly
943 F.3d 225
5th Cir.2019Background
- In 2015 FBI agents obtained historical CSLI and other phone records for suspects in a string of armed bank robberies via a § 2703(d) Stored Communications Act order; those records linked co-defendant Jeremy Davis and identified Eric Beverly as a suspect.
- Davis was arrested and implicated Beverly; T‑Mobile provided subscriber info, toll records, and 102 days of CSLI (Jan 24–May 5, 2015) under the § 2703(d) order.
- On June 22, 2018 (the day Carpenter was decided), prosecutors applied for and received a search warrant for Beverly’s phone data, including an additional 152 days of CSLI (Aug 25, 2014–Jan 23, 2015) that had not been previously obtained.
- Beverly moved to suppress all CSLI and related evidence, arguing bad faith; the district court voided the § 2703(d) order and the warrant and suppressed the evidence.
- The government appealed. The Fifth Circuit reversed, holding (1) the Krull good-faith exception applies to pre‑Carpenter § 2703(d) CSLI obtained in 2015, (2) the Leon good-faith exception (and alternatively probable cause) supports the 2018 warranted 2014 CSLI, and (3) Carpenter does not extend to toll records and subscriber information.
Issues
| Issue | Beverly's Argument | United States' Argument | Held |
|---|---|---|---|
| Admissibility of CSLI obtained under pre‑Carpenter § 2703(d) order (2015 CSLI) | Carpenter requires suppression of CSLI obtained without a warrant | Krull/Davis good‑faith exception: officers reasonably relied on statute and binding precedent | Krull applies; 2015 CSLI admissible |
| Admissibility of CSLI obtained by the June 22, 2018 warrant (2014 CSLI) | Warrant was procured in bad faith to "save" evidence already possessed; exclude as fruit of poisonous tree | Leon good‑faith exception applies; alternatively, the warrant was supported by probable cause | Leon applies; 2014 CSLI admissible; warrant also supported by probable cause |
| Whether government misled magistrate by omitting that it already had 2015 CSLI | Omission was material and defeats good‑faith reliance | Omission not material because 2014 CSLI was not previously possessed and challenger bears burden to prove material misstatements/omissions | Challenger failed to show a materially misleading affidavit or omission; good‑faith stand stands |
| Whether Carpenter extends to toll records and subscriber information obtained under § 2703(d) | Toll/subscriber records can be used to track movements and thus fall within Carpenter | Carpenter is limited to CSLI that reveals physical movements over time; toll/subscriber records are different | Carpenter does not extend to toll records/subscriber information absent a showing they reveal movements over time |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (establishes the warrant‑reliance good‑faith exception to exclusion)
- Carpenter v. United States, 138 S. Ct. 2206 (CSLI is a Fourth Amendment search; generally requires a warrant)
- Davis v. United States, 564 U.S. 229 (applies good‑faith exception where officers relied on controlling precedent later overruled)
- Illinois v. Krull, 480 U.S. 340 (applies good‑faith exception where officers relied on a statute later held unconstitutional)
- United States v. Carpenter (Carpenter II), 926 F.3d 313 (6th Cir. applies Krull to pre‑Carpenter § 2703(d) CSLI)
- United States v. Woerner, 709 F.3d 527 (5th Cir. summarizes Leon limitations and when good‑faith fails)
- United States v. Jones, 565 U.S. 400 (Fourth Amendment protection for GPS tracking and locational surveillance)