UNITED STATES v. McCALL

No. 21-13092.

84 F.4th 1317 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin McCALL, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: October 27, 2023.


Attorney(s) appearing for the Case

Scott Dion , Emily M. Smachetti , DOJ-USAO, Southern District of Florida, Miami, FL, Andrea G. Hoffman , DOJ-USAO, Charleston, SC, Lisa Tobin Rubio , U.S. Attorney Service-Southern District of Florida, Jason Wu , U.S. Attorney Service-SFL, Miami, FL, for Plaintiff-Appellee.

Anshu Budhrani , Federal Public Defender's Office, Southern District of Florida, Miami, FL, Daryl Elliott Wilcox , Plantation, FL, Michael Caruso , Federal Public Defender's Office, Fort Lauderdale, FL, for Defendant-Appellant.

Before Rosenbaum, Branch, and Brasher, Circuit Judges.


This appeal requires us to decide how the exclusionary rule's good faith exception applies to the search of a cloud storage account. While losing in a high-stakes poker game, Kevin McCall allegedly used his cell phone to arrange an armed robbery to reclaim his losses. Because a cell phone was directly tied to the crime, no...

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