United States District Court, D. Nebraska
FINDINGS, RECCOMENDATION AND ORDER
R. ZWART, Magistrate Judge.
defendant moved to suppress subscriber and cell-site
information obtained by the government through the execution
of several search warrants issued by District and County
Court judges in Buffalo County, Nebraska (Filing No. 61;
Filing No. 62 at CM/ECF pp. 9-11). For the reasons discussed
below, the motion to suppress should be denied.
October 17, 2014, the Kearney Eaton Employee's Credit
Union (KEECU) located at 2600 East Highway 30 in Kearney,
Nebraska was robbed by two unknown African American males.
The same individuals had been recorded on surveillance video
near the credit union on October 16 between the hours of
11:00 am and 1:00 pm and investigating officers believed the
individuals had been scouting the area at that time. Based on
this video, the City of Kearney Police Department
("KPD") concluded it was likely these individuals
had placed cell phone calls around this time and the time of
the robbery. On October 24, 2014, the KPD submitted two
identical search warrant applications to Buffalo County
District Judge William T. Wright The applications sought
[a]ll available toll records to include call details for
incoming and outgoing calls, cell site and cell site towers
nearest to 2600 E. Highway 30, Kearney, Buffalo County
Nebraska for all calls made between 11:00 A.M. and 2:00 P.M.
on October 16, 2014 and between 8:00 A.M. and 11:00 A.M. on
October 17, 2014.
(Filing No. 73-1 at CM/ECF p. 1; Filing No. 73-2 at CM/ECF p.
1). The warrants were directed to two cell phone service
providers; Cellco Partnership d/b/a Verizon Wireless and U.S.
Cellular. Judge Wright granted both warrant applications and
issued the requested warrants.
upon further investigation and findings, on December 3, 2014,
KPD sought a search warrant for U.S. Cellular phone records
pertaining to Hudson's phone number. Specifically they
[a]ny and all cellular telephone records for telephone number
XXX-XXX-XXXX to include but not limited to, billing
information, as well as dates, times, content, and telephone
numbers of incoming and outgoing text messages and incoming
and outgoing of phone calls, also information concerning IP
addresses that text messages may have been sent from or
received from, from 09/01/2014 to 10/31/2014.
(Filing No. 73-3 at CM/ECF p. 1). Buffalo County Court Judge
Rademacher found probable cause to grant the warrant
applications, and issued the requested warrants as written.
December 11, 2014, KPD sought a warrant from Sprint for
"any and all cell tower information for telephone number
XXX-XXX-XXXX from 09/01/2014 to 10/31/2014." (Filing No.
73-4 at CM/ECF p. 1). Buffalo County Court Judge Jorgensen
granted the warrant.
January 9, 2015, KPD sought a warrant for U.S. Cellular phone
records regarding Hudson's second phone number. They
[a]ny and all cellular telephone records for the telephone
number XXX-XXX-XXXX to include but not limited to, billing
information, dates and times of calls received or dialed as
well as dates and times of all text messages received and
sent and the content of both received and sent text messages,
also information concerning IP addresses that text messages
may have been sent from or received from, for the dates of
09/01/2014 to 10/31/2014, also all cell tower information
pertaining to this number from this time frame.
(Filing No. 73-6 at CM/ECF p. 1). Judge Jorgensen granted the
February 3, 2015, KPD sought a warrant from Cellco