August 06th, 2017

United States v. Wallace

Docket: 16-40701
Opinion Date: August 3, 2017
Judge: Edith Brown Clement
Areas of Law: Criminal Law

Defendant was convicted of crimes related to his involvement in a Texas crime syndicate. The Fifth Circuit held that the district court did not err in denying defendant's motion to suppress where suppression was not a remedy for a violation of either the federal pen-trap statute or the Texas Code of Criminal Procedure. In the alternative, even if accessing defendant's cell phone's E911 data did constitute a Fourth Amendment search, DPS's actions were covered by the good-faith exception to the exclusionary rule. Accordingly, the court affirmed in part and dismissed the part of defendant's request for remand for resentencing as moot.