United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-60321 ____________ FILED August 9, 2024 United States of America, Lyle W. Cayce Clerk Plaintiff—Appellee,

versus Jamarr Smith; Thomas Iroko Ayodele; Gilbert McThunel, II,

Defendants—Appellants. ______________________________

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:21-CR-107-1 ______________________________ Before King, Ho, and Engelhardt, Circuit Judges. King, Circuit Judge: A jury found Appellants guilty of robbery and conspiracy to commit robbery based on evidence obtained through a geofence warrant. On appeal, Appellants challenge the constitutionality of this novel type of warrant under the Fourth Amendment and maintain that the district court erred by failing to suppress all evidence derived therefrom. We hold that the use of geofence warrants—at least as described herein—is unconstitutional under the Fourth Amendment. In doing so, we part ways with our esteemed colleagues on the Fourth Circuit. See United Case: 23-60321 Document: 113-1 Page: 2 Date Filed: 08/09/2024

No. 23-60321

States v. Chatrie, 107 F.4th 319 (4th Cir. 2024). With that said, we agree with the district court that, here, law enforcement acted in good faith in relying on this type of warrant. Accordingly, we AFFIRM the district court’s denial of Appellants’ motion to suppress. I. Factual & Procedural Background A. Underlying Offense On February 5, 2018, three individuals acting in concert robbed Sylvester Cobbs, a Contract Route Driver with the United States Postal Service. As a Route Driver, Cobbs delivered and picked up mail from five rural post offices in DeSoto County and Tunica County, Mississippi. At the time of the robbery, Cobbs was headed to Lake Cormorant, the fourth of five stops he would make along his route. The mail that Cobbs collected included registered mail bags, which contained cash receipts collected by the Postal Service from the sale of items such as money orders and stamps. By the time that Cobbs arrived at Lake Cormorant, he had already collected registered mail bags from three other post offices along his route. At approximately 5:20 p.m., Cobbs arrived at the Lake Cormorant Post Office. As he normally would, Cobbs backed his mail truck up to the back door, where he would retrieve mail bags waiting for him inside the post office. Before Cobbs could open the back door to the post office, however, an unknown assailant—later determined to be Defendant-Appellant Gilbert McThunel—sprayed Cobbs with pepper spray, struck Cobbs multiple times with a handgun, threatened to kill him, and grabbed the registered mail bags from Cobbs’s truck. The mail bags contained $60,706. Thereafter, the assailant fled, and Cobbs drove his truck to the front of the post office and called 911.

2 Case: 23-60321 Document: 113-1 Page: 3 Date Filed: 08/09/2024

No. 23-60321

No suspect was arrested in connection to the robbery on the day of the occurrence. However, around three days afte