U.S. v. Karmo

Defendant pleaded guilty to unlawfully possessing a firearm after he was arrested based on a tip that defendant had traveled to Wisconsin with multiple firearms to take advantage of a period of civil unrest. Law enforcement found defendant’s location by using an exigent circumstances form to obtain defendant’s real-time cell site location. On appeal, defendant argued that the district court erred when it denied his motion to suppress the evidence found subsequent to the cell site location information arguing that the search was unlawful and not justified by exigent circumstances because it was incorrectly based on a “fabricated” threat to public safety. Defendant also argued that the district court incorrectly denied his request for a hearing pursuant to Franks v. Delaware. The Seventh Circuit affirmed, explaining that law enforcement reasonably believed that probable cause and exigent circumstances existed and that a Franks hearing was inapplicable under the circumstances. (BRENNAN and LEE, concurring)