In prosecution on unlawful possession of firearm charge, Dist. Ct. did not err in denying defendant’s motion to suppress firearm found in defendant’s car at time police encountered defendant in his car on public street, under circumstances where: (1) arrest warrant had been issued for defendant’s failure to comply with certain parole conditions; and (2) police obtained second warrant authorizing police to use cell-phone data to locate defendant for purposes of effectuating his arrest. Police were entitled to use warrant to obtain data that would help them locate defendant, and police were entitled to arrest defendant without any warrants, where arrest occurred on public street, and where police had probable cause to arrest him. Ct. left for another day resolution of whether police could properly use data from cell-site simulator to locate defendant, and whether use of such device is “search” for purposes of 4th Amendment. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Search and Seizure