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Antoine Jones cell tower motion

Antoine Jones cell tower motion

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Published by Emily Babay

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Published by: Emily Babay on Mar 30, 2012
Copyright:Attribution Non-commercial

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07/15/2014

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAUNITED STATES ::v. : Case No. 05-CR-386(1) (ESH): Trial: 5/7/12ANTOINE JONES, ::
 Defendant.
:DEFENDANT’S MOTION TO SUPPRESS CELL SITE DATA AND MEMORANDUMOF POINTS AND AUTHORITIES IN SUPPORT THEREOF
Defendant Antoine Jones (“Jones”), by and through undersigned counsel,respectfully moves this Honorable Court pursuant to Federal Criminal Rule of CriminalProcedure 12, 41, and 47, and the Fourth, Fifth, and Sixth Amendments and the Due ProcessClause of the United States Constitution, to suppress all cell phone records obtained without awarrant and a showing of probable cause. In support thereof counsel states the following:
FACTS
1. Mr. Jones has been charged in a Superseding Indictment with Conspiracyto Distribute and Possess with Intent to Distribute Five Kilograms or More of Cocaine and FiftyGrams or More of Cocaine Base. The government alleges that Mr. Jones was part of a narcoticsconspiracy from at least 2003 until October 24, 2005, which spanned from the District of Columbia, Maryland, Texas, North Carolina and elsewhere. In particular, the governmentalleges that Jones was the primary supplier of cocaine to members of the organization in theDistrict of Columbia and Maryland.2. On June 20, 2005, the government filed pursuant to 18 U.S.C. §2703(c)(1)(B) and 2703(d) an Application for Pen Register, Caller Identification Device,
Case 1:05-cr-00386-ESH Document 606 Filed 03/29/12 Page 1 of 11
 
2Subscriber and Cell Site Information (the “June 20 Application”). (
See
Exh. 1 – June 20, 2005Application), seeking cell site information for cellular telephone number 202-538-3946. Inrelevant part, the government stated:
Case 1:05-cr-00386-ESH Document 606 Filed 03/29/12 Page 2 of 11
 
3Although the government also sought authorization for a pen register, trap and trace and caller identification device on (202) 538-3946, this motion pertains to the cell site evidence.3. Magistrate Judge Facciola granted the Application the same dayauthorizing the disclosure of the requested material for a period of 60 days. On August 1, 2005,the government sought an extension (the “August 1 Extension Application”) of the originalOrder (
See
Exh. 2 – August 1 Extension). This time, Magistrate Judge Kay granted theExtention Application for another 60 days. On September 19, 2005, the government once againsought an Order, this time for cellular telephone number 202-746-0470. (the “September 19
Case 1:05-cr-00386-ESH Document 606 Filed 03/29/12 Page 3 of 11

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