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United States v. Santos-Matos

United States District Court, D. Delaware

October 25, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSE SANTOS-MATOS, and WILFREDO GARCIA-ALICEA, Defendants.

          MEMORANDUM ORDER

          HONORABLE LEONARD P. STARK, JUDGE.

         Pending before the Court are Defendant Wilfredo Garcia-Alicea's ("Garcia") Motion to Suppress Evidence (D.I. 112), Garcia's Motion for the Government to Disclose the Identity of the Informant (D.I. 113), Defendant Jose Santos-Matos' ("Santos") Motion to Suppress Evidence (D.I. 114), and Garcia's Motion for Giglio and Brady Material (D.I. 128). The Government filed a responsive brief. (D.I. 119)

         For the reasons stated below, IT IS HEREBY ORDERED that:

1. Garcia's Motion to Suppress Evidence (D.I. 112) is DENIED.
2. Garcia's Motion for the Government to Disclose the Identity of the Informant (D.I. 113) is DENIED AS MOOT.
3. Santos' Motion to Suppress Evidence (D.I. 114) is DENIED.
4. Garcia's Motion for Giglio and Brady Material (D.I. 128) is GRANTED, subject to the condition noted below.
5. The parties shall meet and confer and, no later than November 2, the government shall submit, on behalf of all parties, a joint status report with the parties' proposals for how the case should now proceed.

         I. Garcia and Santos' Motions to Suppress

         Garcia and Santos' motions to suppress (D.I. 112, 114) are similar, as both relate to cell-site location data ("CSLD"). The Court will consider them together.

         Garcia moves to suppress CSLD related to two telephones numbers: 302-613-9940 (the "9940 Phone") and 302-669-5043 (the "5043 Phone"). (See D.I. 112) Santos moves to suppress CSLD related to a third telephone number: 302-766-2214 (the "Heroin Phone"). (See D.I. 114) Both motions indicate that they are intended to apply to all CSLD obtained in violation of the Supreme Court's recent decision, Carpenter v. United States, 138 S.Ct. 2206 (2018), regardless of the source. (See D.I. 112 at 4 n.4; D.I. 114 at 4 n.3)

         The government obtained the following four orders and warrants authorizing it to obtain CSLD from the relevant phones:

1) June 2, 2017 Order of Judge Cooch, Superior Court of Delaware, on the Heroin Phone (the "June 2 Order");
2) June 13, 2017 Order of Judge Cooch, Superior Court of Delaware, on the Heroin Phone (the "June 13 ...

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