Antonio Carrazco-Martinez was investigated for participating in a drug trafficking operation based in Chicago with connections to Mexico. To track his activities after his original phone went dark, the government obtained a warrant to use a cell-site simulator, which mimics a cell tower to identify device signals. They also secured a warrant to install a hidden CCTV camera in a garage used as a stash house. Carrazco-Martinez moved to suppress this evidence, arguing the cell-site simulator warrant was misleading and the CCTV warrant failed to explain why other investigative methods were insufficient. He was subsequently charged with conspiracy to distribute drugs and possession with intent to distribute. At trial, he objected to jury instructions that allowed conviction without finding a specific drug quantity, arguing this violated the Supreme Court's ruling in Alleyne v. United States. The district court denied all motions, and the jury convicted him on both counts.
The court addressed two primary issues: the validity of the suppression motions and the propriety of the jury instructions. Regarding the cell-site simulator and CCTV camera, the court applied the good faith exception to the exclusionary rule. Because the warrants were issued by a judge, there is a presumption that law enforcement acted in good faith. Carrazco-Martinez failed to rebut this heavy burden. The warrant application for the cell-site simulator explicitly identified the device as a pen register under the Electronic Communications Privacy Act, so the government did not mislead the judge. Regarding the CCTV camera, the court rejected the argument that the warrant was overbroad or failed to explain why other methods were unlikely to succeed. The affidavit provided a reasonable basis for the camera's necessity, noting the international scope of the operation and the need to identify those handling the drugs. The defendant offered no facts contradicting these statements. On the jury instruction issue, the court clarified that drug quantity is not an element of the crimes under 21 U.S.C. § 846 or § 841(a). Instead, it is a sentencing factor. While Alleyne requires the jury to find facts that increase the mandatory minimum, the court found that the instructions correctly stated the law: the government only needed to prove some measurable quantity for conviction, while the specific amount would be determined for sentencing purposes. The court found no error in the instructions.
The decision reinforces the application of the good faith exception in cases involving cell-site simulators and video surveillance where warrants are facially valid and supported by reasonable affidavits. It clarifies that while drug quantity triggers mandatory minimums, it remains a sentencing factor rather than a crime element, allowing convictions to stand even if the jury is not required to find a specific amount for the guilt phase. The case is remanded for sentencing based on the specific quantity found by the jury.
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