United States v. Espudo
954 F. Supp. 2d 1029
S.D. Cal.2013Background
- Defendant Grado seeks to suppress cell site location data and simulated cell site evidence.
- The data were collected in connection with charges involving Mexican Mafia prison gang and affiliated Sureño gangs in northern San Diego County.
- Grado moves April 8, 2013, arguing data were obtained in violation of ECPA Title III and the Fourth Amendment.
- Government response filed May 3, 2013; Espudo later replied.
- Change of plea proceedings: Grado’s motions withdrawn as to him on April 30, 2013; Espudo later withdrew as to him on May 23, 2013; at oral argument, the Court treated Grado’s motion as joined by others and pending for remaining defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether real-time cell site data requires probable cause warrant | Grado asserts probable cause warranted under Rule 41 and Fourth Amendment | Grado contends real-time data are not business records under SCA and require CALEA considerations | Probable cause is required; Court declines to apply good faith where lacking |
| Whether real-time cell site data can be obtained as a SCA business record | Proponents argue real-time data are SCA records | Defense argues data are not records under SCA | Court declines to treat real-time data as SCA business records |
| Whether a hybrid theory (SCA + Pen/Trap) authorizes real-time data with less-than-probable-cause showing | Government relies on hybrid approach to circumvent CALEA | Defendant contends CALEA bars such hybrid use | Court rejects the hybrid theory |
| Whether CALEA and related statutes preclude location data obtained with Pen/Trap authority | Hybrid theory tries to rely on Pen/Trap for location data | CALEA prohibits location data under Pen/Trap alone | CALEA bars sole Pen/Trap-based location data; hybrid theory rejected |
| Whether the good faith exception permits admission despite lack of probable cause | N/A | N/A | Good faith applies; evidence suppressed should be denied |
Key Cases Cited
- In re App. of U.S. for an Order for Prospective Cell Site Location Info., on a Certain Cellular Tel., 2006 WL 468300 (S.D.N.Y. 2006) (rejected lower-showing standard for real-time data under SCA/Pen/Trap hybrid)
- 2006 W.D.N.Y. Application, 415 F. Supp. 2d 214 (W.D.N.Y. 2006) (rejects hybrid theory; CALEA constraints)
- 2005 S.D.Tex. Application, 396 F. Supp. 2d 747 (S.D. Tex. 2005) (analyzed hybrid approach; CALEA implications)
- 2005 E.D.N.Y. Application, 396 F. Supp. 2d 294 (E.D.N.Y. 2005) (discussed CALEA and SCA interaction; hybrid theory context)
- United States v. Graham, 846 F. Supp. 2d 384 (D. Md. 2012) (court's discussion of SCA applicability to location data)
- United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013) (rejected CALEA hybrid approach; location data protections)
- In re App. of U.S. for an Order Authorizing Disclosure of Location Information, of a Specified Wireless Tel., 849 F. Supp. 2d 526 (D. Md. 2011) (addressed real-time vs historical data under SCA)
- United States v. Luong, 470 F.3d 898 (9th Cir. 2006) (good faith exception scope)