Category Archives: Tracking warrant

M.D.Fla.: Whether a state court judge could issue a ping order that crossed state lines is governed by GFE

A state court judge issued a ping order and the phone crossed state lines. Was it a tracking order or an SCA order? “The Court sees no need to venture further into the quagmire of tracking devices, the SCA, and … Continue reading

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OH9: Dog sniff of a car in motel parking lot not a search

A dog sniff of a car on a motel parking lot was reasonable and didn’t require reasonable suspicion because there was no stop. State v. Bryner, 2018-Ohio-3215, 2018 Ohio App. LEXIS 3473 (9th Dist. Aug. 13, 2018). Police had a … Continue reading

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M.D.Tenn.: Even if Karo didn’t permit monitoring a tracker on a package brought into the house, there was PC anyway

Even if Karo required excising or excluding the statement in the affidavit for search warrant that the package was in the target residence for the anticipatory warrant, there was probable cause without it, so it doesn’t matter. United States v. … Continue reading

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W.D.La.: No clear authority says a state court tracking warrant can’t track a car into another state; GFE applies

There is no authority shown that a state court tracking warrant on a vehicle could or could not track the vehicle into another state. Therefore, the good faith exception would apply. United States v. Taylor, 2018 U.S. Dist. LEXIS 17816 … Continue reading

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CA11: Def argued there was no authority for use of a cell site simulator to track him; police had a tracking warrant issued on PC, and that’s all that’s required

Defendant was arrested coming out of a Dollar General Store, and officers smelled marijuana around his car. Even though defendant wasn’t in it, the car was still “mobile” for automobile exception purposes, and the smell provided probable cause. Defendant also … Continue reading

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