and Submitted February 11, 2019 Pasadena, California
from the United States District Court for the Central
District of California No. 8:16-cr-00156-JLS-1, Josephine L.
Staton, District Judge, Presiding
Dean Steward (argued), Attorney at Law, San Clemente,
California, for Defendant-Appellant.
L. Reese (argued), Assistant United States Attorney, Criminal
Appeals Section; Nicola T. Hanna, United States Attorney;
Lawrence S. Middleton, Assistant United States Attorney,
Chief, Criminal Division; Gregory W. Staples, Assistant
United States Attorney, Santa Ana Branch Office; United
States Attorney's Office, Los Angeles, California; for
Before: Dorothy W. Nelson, Consuelo M. Callahan, and John B.
Owens, Circuit Judges.
panel affirmed the district court's denial of the
defendant's suppression motions and his convictions for
bank robbery in a case in which the defendant, who was on
parole during his crime spree, had consented to suspicionless
searches of his person, residence, and any property under his
the defendant's contention that a lawful parole search of
his car does not extend to the trunk because the trunk is not
"property under his control," the panel held that
the parole search of the defendant's trunk was lawful.
precedent distinguishing Fourth Amendment rights in the
parolee context, the panel held that the warrantless
placement of a GPS tracker on the defendant's car did not
violate the Fourth Amendment.
panel held that cell site location information (CSLI)
acquired before the Supreme Court issued its decision in
Carpenter v. United States, 138 S.Ct. 2206 (2018)
(holding that the Government must obtain a warrant to access
a person's CSLI from a wireless carrier), is admissible
under the good-faith exception to the exclusionary rule so
long as the Government satisfied the Stored Communications
Act's then-lawful requirements. The panel took no stance
on the constitutionality of acquiring a parolee's CSLI
without a warrant.
in both the reasoning and the result, Judge Nelson wrote
separately because she is concerned with the ever
"diminishing" reasonable expectation of privacy
afforded to probationers and parolees, especially as it
relates to digital privacy.
Kyle Korte appeals from his convictions for bank robbery.
During his crime spree, Korte was on parole and had consented
to warrantless, suspicionless searches of his person,
residence, and any property under his control. Relying on
this parole condition, officers placed a Global Positioning
System ("GPS") device on his car and later searched
its trunk. Officers also obtained Korte's historical cell
site location information ("CSLI") by court order.
On appeal, Korte primarily challenges the district
court's denial of his suppression motions as to each of
these searches. We have jurisdiction under 28 U.S.C. §
1291, and we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
world of cybercrime and identity theft, Korte stole money the
old-fashioned way - he robbed banks. After serving time in
state prison for bank robbery, Korte was paroled in August
2016. As a parolee in California, Korte was "subject to
search or seizure . . . at any time of the day or night, with
or without a search warrant or with or without cause."
Cal. Penal Code § 3067(b)(3); see also id.
§ 3067(a). On October 25, 2016, Korte acknowledged his
parole conditions, including that he was now subject to
searches of "[y]ou, your residence, and any property
under your control."
October 2016, the Los Angeles Sheriff's Department
("LASD") began investigating a series of bank
robberies. The first robbery took place on October 7. A
masked robber entered a bank and demanded "all your
hundreds." The frightened teller, protected by
bulletproof glass, activated the silent alarm and retreated
to a back office. The robber left with no money. On October
12, the masked robber targeted another bank, this time
brandishing a toy gun. He was more successful this go-around,
escaping with $1, 600. He then hit two more banks on October
27. Again displaying the toy gun, the robber pocketed $2, 200
and $7, 000. In total, the masked robber stole less than $11,
000 - not a Neil McCauley heist by any means.
with LASD, the Federal Bureau of Investigation
("FBI") began to suspect that Korte was the masked
robber. Surveillance video from one of the robberies showed a
car registered to the address that Korte provided to his
parole officer. An LASD officer who saw video of the masked
robber also reported that the individual resembled Korte, who
the officer knew was on parole for bank robbery.
November 4, 2016, without a warrant or Korte's consent,
LASD placed a GPS tracking device on Korte's car and
periodically monitored the vehicle's movements over the
next six days. That same day, the Government obtained a court
order under the Stored Communications Act ("SCA"),
18 U.S.C. § 2703(d), to acquire Korte's CSLI. This