State v. Fakler

COYNE, Justice.

We review here an unpublished decision of the court of appeals affirming a pretrial order suppressing evidence in the prosecution of Gordon and Gregory Fakler and dismissing the charges against the two men. This appeal presents two issues, both questions of first impression in this court: (1) What standard governs a magistrate’s decision whether to authorize the installation and use of a pen register; and (2) Does the exclusionary rule apply to a violation of the statutory standard? We reverse and remand to the trial court.

During the investigation leading up to defendants’…