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United States v. Taylor

United States District Court, W.D. Missouri, Western Division

January 7, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RODTE TAYLOR, and DADRIAN TATE, Defendants.

          REPORT AND RECOMMENDATION

          Lajuana M. Counts United States Magistrate Judge

         This matter is currently before the Court on defendant Taylor's Motion to Suppress (Doc. #47) and defendant Tate's Motion to Suppress (Doc. #46). For the reasons set forth below, it is recommended that these motions be denied.

         I. INTRODUCTION

         On April 18, 2017, the Grand Jury returned a five-count Indictment against defendants Rodte Taylor and Dadrian Tate. Count One of the Indictment charges both defendants with conspiracy to commit Hobbs Act robbery. Count Two charges that both defendants, aiding and abetting each other, committed Hobbs Act robbery. Count Three charges defendant Tate with brandishing a firearm during and in relation to a crime of violence, that is the conspiracy to commit Hobbs Act robbery charged in Count One and the Hobbs Act robbery charged in Count Two. Count Four charges defendant Tate with attempted Hobbs Act robbery. Count Five charges defendant Tate with possession of a firearm during and in relation to a crime of violence, that is the attempted Hobbs Act robbery charged in Count Four.

         On December 19, 2018, a hearing was held on defendants' motions to suppress. Defendant Taylor was represented by Assistant Federal Public Defender Robert Kuchar. Defendant Tate was represented by appointed counsel Brady Wimer. The Government was represented by Assistant United States Attorney Michael Green. The parties presented argument to the Court. No. witnesses were called to testify.

         II. STATEMENT OF FACTS

         The parties do not dispute that the government filed two Applications seeking orders directing the disclosure of telecommunication records (one for telephone number 816-915-0361 and one for telephone number 816-885-0380) pursuant to 18 U.S.C. § 2703(c) and (d). (Tr. at 3-4; Gov. Exhs. 1, 3.) The Applications state that telephone number 816-915-0361 was used by defendant Tate (Gov. Ex. 1) and that telephone number 816-885-0380 was used by defendant Taylor (Gov. Exh. 3). The Honorable Sarah W. Hays entered two Orders (one for defendant Taylor's telephone number and one for defendant Tate's telephone number) on February 17, 2017. (Gov. Exhs. 2, 4.) The Order relating to defendant Tate's telephone number provided in part:

Upon review of the application, the Court finds, pursuant to 18 U.S.C. § 2703, that the Government has offered specific and articulable facts showing that there are reasonable grounds to believe that the information sought under section 2703(c) and (d) is relevant and material to an ongoing criminal investigation being conducted by ATF and KCPD into possible violations of 18 U.S.C. § 1951 by Rodte TAYLOR and Dadrian T. TATE, and others.
IT IS ORDERED, pursuant to 18 U.S.C. §§ 2703(c) and 2703(d), T-Mobile d/b/a Metro PCS, and any person or entity providing wire or electronic communication service in the United States whose assistance may facilitate this order, or their employees or agents, forthwith disclose to the ATF and KCPD: (1) subscriber name and address; (2) local and long distance telephone connection records (sometimes also known as “toll records” or “call detail records”) for the period January 1, 2017 to February 17, 2017; (3) length of service (including start date) and types of service utilized; (4) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (5) all cell sites used by the above-mentioned telephone, including corresponding antenna information; configuration (omni directional or sectorized, sector orientation) control channels used; and address and longitude/latitude of antennas for the period January 1, 2017 to February 17, 2017;
IT IS FURTHER ORDERED the information disclosed by T-Mobile d/b/a Metro PCS be limited to records of geographical information or other subscriber record under 18 U.S.C. 2703(c), and expressly excludes the contents of any wire or electronic communication;

(Gov. Exh. 2.) The Order relating to defendant Taylor's telephone number contains identical language with one exception, it references Sprint, rather than T-Mobile d/b/a Metro PCS. (Gov. Exh. 4.)

         Following the issuance of the Orders, law enforcement obtained historical cell site location information for defendants' telephone numbers for the time period of January 1 to February 17, 2017. (Tate Mot. to Suppress at 3; Doc. #46; Taylor Mot. to Suppress at 3; Doc. #47.) This information was used to place defendants in the vicinity of the robberies and attempted robberies set out in the Indictment. (Taylor Mot. to Suppress at 3-4; Doc. #47.)

         III. DISCUSSION

         Defendants Taylor and Tate argue that the government obtained the cell site location information (“CSLI”) in violation of the Fourth Amendment and, therefore, seek to suppress the CSLI data and any other evidence obtained as a result of the violation. Defendants argue (and the government concedes) that the Supreme Court's decision in Carpenter v. United States, 585 U.S. __, 138 S.Ct. 2206 (2018), issued on June 22, ...


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