Category Archives: Tracking warrant

DE: Challenge to search after PG doesn’t show actual innocence

After acquired information that a cell site simulator might have been misused doesn’t show actual innocence or undermine guilty plea. “The appellant pleaded guilty, and his assertion that he has new evidence that law enforcement illegally or improperly used cell-site … Continue reading

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M.D.Pa.: State law jurisdiction of the officers involved isn’t cognizable in a 2254

State law jurisdiction of the officers involved isn’t cognizable in a 2254. McDowell v. Hainesworth, 2023 U.S. Dist. LEXIS 187496 (M.D. Pa. Oct. 18, 2023). Petitioner doesn’t get a CoA to appeal his 2255. He provides no basis for concluding … Continue reading

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N.D.Ala.: Whether DTF officer could make speeding stops was a reasonable mistake of law under Heien

The task force officer involved allegedly wasn’t authorized to make speeding traffic stops, but this was a reasonable mistake of law under Heien. United States v. Shepherd, 2023 U.S. Dist. LEXIS 181976 (N.D. Ala. Oct. 10, 2023). The bulge in … Continue reading

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D.Minn.: Tracking warrant that provided for tracking but not installation was saved by GFE

The tracking warrant provided for tracking of the car, but did not mention installing the tracker. The court finds the good faith exception applies. United States v. Gonzalez, 2023 U.S. Dist. LEXIS 142057 (D.Minn. Aug. 15, 2023). There was probable … Continue reading

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D.Nev.: GFE does not save GPS tracking of additional driver of vehicle

Rubin, a regular driver of defendant’s pickup had standing to challenge a tracking warrant put on it. The issuing judge, however, appears only to have authorized the tracking of Morgan’s use. The court declines to apply the good faith exception. … Continue reading

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D.Minn.: Issuance of an arrest warrant can justify a tracking warrant for suspect

“The Court agrees with essential premise of the R&R: that probable cause existed for the tracking warrant because there was probable cause for the arrest warrant. First, Mr. Ellerman cites no authority for the idea that using a judicially approved … Continue reading

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W.D.Pa.: All Writs Act proceeding for tracking order is a judicial proceeding for common law right of access to records

An All Writs Act proceeding by the government to track someone in real time back in 2020 is a judicial record subject to the common law right of disclosure of court records. In re Forbes Media LLC, 2022 U.S. Dist. … Continue reading

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W.D.Mich.: PC shown vehicle was involved in string of robberies for GPS tracking

Probable cause supported the warrant to install a GPS tracking device on defendant’s vehicle. The government showed probable cause to believe it and he were involved in a series of cash store robberies. United States v. Rolling, 2022 U.S. Dist. … Continue reading

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Bloomberg Law: Justices Reject Case Over Real-Time Phone Location Tracking

Bloomberg Law: Justices Reject Case Over Real-Time Phone Location Tracking (“The U.S. Supreme Court declined to weigh whether the Fourth Amendment’s privacy protections are implicated when law enforcement uses cell carrier signals to reveal a person’s whereabouts in real time.”)

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CA11: Computer searches as condition of supervised release for gun crime not plain error

The district court did not plainly err in allowing supervised release searches of defendant’s computer for a gun crime. U.S.S.G. § 5D1.3(d)(7). Under precedent, a search condition does not have to be specifically related to the crime. United States v. … Continue reading

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OH10: No REP in possession of a stolen laptop that sent its location information

Appellant’s motion to reopen his appeal to reargue his Fourth Amendment claims is denied. Not one thing he proffers can change the outcome of the appeal. There was a basis for a GPS warrant on his vehicle, and there was … Continue reading

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EFF brief: Court Orders Authorizing Law Enforcement To Track People’s Air Travels In Real Time Must Be Made Public

EFF: Court Orders Authorizing Law Enforcement To Track People’s Air Travels In Real Time Must Be Made Public by Aaron Mackey:

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W.D.Ky.: Tracking def’s cell phone for weeks with an order issued on PC to find him wasn’t unreasonable

A tracking order was issued on probable cause to locate defendant after available public sources didn’t locate him. He argues for a “less intrusive means” type test, which it isn’t called, but the argument fails because the government tried that. … Continue reading

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CA11: New facts of alleged illegal search already ruled on not appropriate for successor habeas

Defendant’s attempt at a successor habeas on four grounds includes one that there is new evidence that he was wrongfully arrested. That was previously addressed before the new evidence claim, and it’s denied. “ An applicant cannot create a new … Continue reading

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NY, Bronx: A tracking warrant isn’t an eavesdropping warrant

Defendant had standing to challenge a tracking warrant on his phone despite the state’s claim that wasn’t the cause for his arrest. He was tracked. These were not eavesdropping warrants. “Because the location information provided pursuant to the warrant did … Continue reading

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CA6: What is sufficient probable cause for a CSLI or tracking warrant?

What is sufficient probable cause for a CSLI or tracking warrant? “After a lengthy investigation, the federal government uncovered substantial evidence that Dwayne Sheckles was a Louisville distributor for a large drug-trafficking ring. Sheckles pleaded guilty but reserved the right … Continue reading

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CA7: State cell phone tracking order issued with PC and was particular

Police got information that cell phone -5822 was used to arrange drug sales. They called the number and set up a few controlled buys. Then they got a state court tracking order for the phone. There is no indication that … Continue reading

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M.D.Pa.: Franks hearing denied for speculation on what video evidence might show

Defendant doesn’t get a Franks hearing that the officer knew or should have known that his CI actually went into defendant’s apartment based on video surveillance that allegedly would disprove it. He doesn’t show that the video shows what he … Continue reading

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DE: Exclusionary rule not designed to prohibit extra-territorial GPS tracking with warrant

In this post-conviction case, defense counsel didn’t raise the question of extraterritorial monitoring of a warrant installed GPS device. It was installed in 2015 [post-Jones] to track defendant who was an accomplished [except for getting caught] burglar. The court doesn’t … Continue reading

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W.D.Mo.: No co-conspirator standing in GPS cell phone tracking

One co-conspirator has no standing in GPS tracking of his co-conspirator’s cell phone. The officers also had probable cause to search their car based on: knowledge they were cell phone store burglars, a Snapchat video with defendants having numerous cell … Continue reading

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