Jerome Philippe Mayer—Cantu, U. Department of Justice, Katherine L. Geoffrey A. In this case, a federal agent obtained search warrants from two Alameda County Superior Court judges. The first judge authorized the search of a defendant's cell phone. The second judge authorized the use of a cell-site simulator to locate another defendant. The federal agent should not have sought these warrants from those judges, because California law does not allow California state judges to issue search warrants to federal law enforcement officers.
The federal agent should have received training from his employers, the Federal Bureau of Investigation and the United States Marshals Service, about the limits on his authority under state law. But he received no such training, because apparently his employers were also unaware of these limits.
- United States v. Artis, F. Supp. 3d | Casetext.
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The Alameda County judges may also have been unaware of this limitation on federal involvement in the state's criminal justice system, although it's possible they were simply misled by the papers submitted by the federal agent in support of the search warrants. As explained in a concurrently-filed unpublished ruling, the evidence obtained from these searches will be suppressed.
A federal agent's mistaken belief that he could be issued a search warrant by a California state judge is likely not, on its own, a basis for suppressing evidence obtained during the search at least before the publication of this ruling. That is arguably good-faith negligence. But the two warrants were plagued by numerous errors, reflecting a pattern of systematic recklessness by law enforcement that militates in favor of suppressing the evidence and against applying the "good faith exception" to the exclusionary rule.
This ruling is published separately to put the relevant actors in the criminal justice system on notice that California law prevents state judges from issuing search warrants to federal law enforcement officers, which means that federal law enforcement officers are not permitted to execute such warrants. He is assigned to a joint federal-state task force headed by the United States Marshals Service. The mission of the task force is to apprehend federal and state fugitives.
For the purpose of his work on the joint fugitive task force, Carlson has been deputized as a member of the United States Marshals Service. Carlson learned from a confidential informant that Hopkins was engaged in credit card fraud with Artis. Carlson then searched law enforcement databases and learned that California courts had issued arrest warrants for both of them, based on California criminal law violations. Members of the Oakland Police Department informed Carlson that Artis could often be found near a certain liquor store at a street corner in Oakland.
On April 5, , Carlson and his partner drove by the store, saw Artis there, and approached him. Artis ran, and dropped his phone. Later that day, Carlson sought a warrant to search Artis's cell phone. Even though Carlson is a federal officer, he did not seek this warrant from a federal magistrate judge.
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Rather, he sought it from a judge of the Alameda County Superior Court. In his affidavit to the judge, Carlson identified himself as a member of a joint fugitive task force and explained that the purpose of the task force was "to combine the efforts of federal, state, and local law enforcement agencies to locate and apprehend dangerous fugitives and assist in high profile investigations.
A few days later, one of Carlson's federal law enforcement colleagues searched the phone, which revealed evidence of criminal activity. On April 7, —two days after Carlson obtained the warrant to search Artis's phone but before the search was actually conducted—Carlson sought another search warrant from a different judge of the Alameda County Superior Court. The purpose of this warrant application was to get permission to use a cell-site simulator to determine the location of Hopkins's cell phone and thereby likely determine the location of Hopkins himself. A cell-site simulator is a device that simulates a cell tower.
That is, it "tricks" nearby cell phones into thinking that it's a cell tower, thereby causing nearby cell phones to send signals to the device, which allows the operator of the device to locate the phone being sought. See United States v. Patrick , F. Ellis , F. United States , slip op.
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Carlson's affidavit stated that he was seeking authority to use the cell-site simulator on behalf of the United States Marshals Service and the Oakland Police Department, as a member of the task force. The judge issued the warrant. This allowed Carlson and his task force colleagues with a federal officer operating the cell-site simulator to locate Hopkins at his apartment in San Francisco.
They arrested him outside the apartment and seized evidence of credit card fraud from him during that arrest. Although the April 5 and April 7 warrants were plagued by various problems, one defect deserves special attention and is therefore the subject of this separate published ruling: under California law, federal law enforcement officers are not permitted to execute search warrants issued by California state judges.
California law specifies that a search warrant must be executed by a "peace officer. Chapter 4.
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This list does not include federal law enforcement officers. Another section in this chapter of the Penal Code gives federal law enforcement officers limited powers of arrest , but even while doing so, underscores that federal law enforcement officers do not generally have the authority that peace officers do. Specifically, section The precise and circumscribed language of this provision reinforces the fact that state court judges may not issue search warrants to federal law enforcement officers.
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You will need the first and last name. You may not immediately get to see the photo of the inmate, but you will be able to see some identifying information to locate photos elsewhere. Published current arrests, charges and information released by law enforcement and news Patrick David Rigney. November 07, Collected data of endangered children, runaways, family and non family abductions Missing: Ilene Misheloff.
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Alameda County's demographic and housing ACS survey of 1,, being 0. American Community Survey separates various ethnicities depending on the area's population of persons from less than 5 years of age to 85 years old and over. ACS is an ongoing survey with five year estimates down to the block group scale providing a summary spanning five years, from to and released in View the percentage of the population by race, including various groups of Native Americans, Asians, American Indian, Alaska Native, and two or more races.
The Alameda county's social characteristics data of , households, which make up 0. View the number and percentages of married and divorced residents 15 years and older, including , families with and without children. There are , persons enrolled in school which are 3 years of age and over are separated by education level from nursery school to graduate and professional degrees. The state's resident social characteristics collected data include estimated percentages and totals of persons which are foreign born, Island areas, born abroad to American parent s , citizenship status and ancestry.
The Alameda county's American Community Survey economic characteristics displays current and past employment of 1,, persons which are 16 years of age and older comprising of 0. Employment numbers of , civilians in various occupations from construction to information technology collected by industry. Overview of income and benefits in , received from private entities and public public assistance. Population of the labor force with private or public health coverage for both employed and unemployed residents.
Data regarding the percentage of families with income below poverty level are collected by age groups ranging from persons under the age of 18 to 65 years and over. Alameda county's housing characteristics are collected from , dwellings making up 0.
Data coverage of various rentals or owned structures containing 1 room to 9 rooms. Find out which mode of transportation , commuters in the state used to get to work. Look up the type of energy utilized by individual occupied residences. An overview of median monthly homeowner costs with or without mortgage. Percentage of rent versus income per household and homeowner costs as percentage of household income. Information collected begins with residence from or earlier.