Category Archives: Tracking warrant

CA9: Warrantless entry into def’s home after tracking device went off and created exigency

“The agents secured a court order authorizing insertion of a tracking device to conduct a controlled delivery of a package of methamphetamine, but their subsequent entry into defendant’s residence to secure the package was warrantless. [¶] The panel affirmed the … Continue reading

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CA10: SW not needed to obtain GPS location information from parolee’s GPS monitor

Defendant was on community supervision with GPS monitoring. He does not contest that, just the fact the location information was obtained without a search warrant. The probation-parole search exception doesn’t require a search warrant to obtain that information. United States … Continue reading

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W.D.N.Y.: Def had no REP in his passenger’s cell phone that was being tracked which incidentally tracked him

“Here, there is no evidence that Defendant had possession of, or any subjective privacy interest in, Mr. Daniels’ cell phone. Law enforcement did not observe Defendant using the tracked cell phone, and the cell phone was not registered to Defendant. … Continue reading

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Engadget: Google faces surge in police requests for mobile location data

Engadget: Google faces surge in police requests for mobile location data by Jon Fingas:

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CA1: Cell phones are not tracking devices, following CA7 & 3

“In affirming, we reject his arguments that there was error in the issuance of precise location information warrants (‘PLI warrants’) by a magistrate judge in Maine on a finding of probable cause, which allowed monitoring of the locations of Ackies’s … Continue reading

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E.D.Mich.: Using state judge to get tracking warrant violated Rule 41, but court refuses to suppress for lack of prejudice or widespread violations

Officers used a state judge’s tracking warrant on defendant in technical violation of state law. It was not an isolated case. Nonetheless, defendant doesn’t show that he was prejudiced by this failure sufficient to justify applying the exclusionary rule. United … Continue reading

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The Champion: Building on Carpenter: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider

The Champion: Building on Carpenter: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider by Michael Price and Bill Wolf (NACDL, Dec. 2018) at 20-25: The implications of the Supreme Court’s decision in Carpenter v. United States are just … Continue reading

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DE: Whether a state tracking warrant permits tracking in NJ is avoided in favor of inevitable discovery

A tracking device was put on defendant’s Jeep by warrant, and it was tracked into New Jersey as well. The court offers that it’s a difficult question whether the vehicle could be tracked in New Jersey too, but decides the … Continue reading

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CA9: PC was so lacking for two tracking warrants that GFE does not apply

Probable cause for two tracking warrants was so completely lacking that it was unreasonable to rely on them, and the good faith exception does not apply. United States v. Lopez-Zuniga, 2018 U.S. App. LEXIS 33096 (8th Cir. Nov. 26, 2018):

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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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