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People v. Gaynor

Search and Seizure of Phone Using Data and Geolocation Deemed Valid, Court Rules

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DECISION AND ORDER Defendant Barrington Gaynor is charged with attempted murder in the second degree for allegedly shooting at an employee of the Dubai Exotic Smoke Shop on October 16, 2022. At the time of defendant’s arrest two days later, on October 18, 2022, the police recovered a red Apple iPhone from his person. Defendant now moves to controvert a search warrant for data obtained through location-based services, geolocation information, and the contact list stored in his cell phone, which this court authorized on June 8, 2023, and to suppress the fruits of that search. In support of his motion, defendant argues that the warrant was not supported by probable cause, and that it was overbroad and lacked specificity. This decision considers whether the search warrant was properly issued. The court has reviewed unredacted copies of the search warrant and the sworn affidavit of Detective Edwin Santiago. Probable Cause Defendant raises one specific challenge to the probable cause for the cell phone location data warrant. He contends that Detective Santiago’s affidavit failed to establish a “sufficient nexus” between his cell phone and the alleged shooting. Specifically, defendant argues that nothing in the warrant application demonstrates that he was holding or using his cell phone at the time of the offense, and that “[w]ithout any evidence of use, it is improbable that there was a creation of any electronic data” (Def Mot at

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