Category Archives: Tracking warrant

GA: Even if GPS tracker was unconstitutionally placed, it didn’t affect later SW for vehicle

Defendant first claimed the vehicle was his when the officer asked, and he consented to a search of it. After a few loose rounds of ammunition were found, he disavowed ownership. It turned out there was also a tracking device … Continue reading

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OH6: Def’s neighbor was citizen informant in reporting seeing him looking at CP through an open window

Defendant’s neighbor could see him from his house masturbating to child pornography. He called the police and the police corroborated it but walked on the curtilage, too. The neighbor was shown as a confidential informant but was really a citizen … Continue reading

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E.D.Mo.: Using cell site simulator with SW was reasonable and particular

A warrant supported by ample probable cause was used for a cell site simulator to find defendant’s cell phones. No conversations were captured. The USMJ compared it to a tracking warrant, which wasn’t unreasonable. The warrant was also constitutionally particular. … Continue reading

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CNET: Geofence warrants: How police get data from all devices in targeted areas

CNET: Geofence warrants: How police get data from all devices in targeted areas by Alfred Ng (“The National Association of Criminal Defense Lawyers is also challenging the constitutionality of geofence warrants in a Virginia case. The organization argues that geofence … Continue reading

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Lawfare: Do Geofence Warrants Violate the Fourth Amendment?

Lawfare: Do Geofence Warrants Violate the Fourth Amendment? by Nathaniel Sobel:

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D.Mont.: Tracking warrant issue date was a typo; whether state law was complied with doesn’t matter in federal court

The tracking warrant issue date was mistaken. The court finds it was the latter of two dates, and the tracking occurred for only five days, within the requirements of Rule 41(e)(2)(C). Whether the tracking warrant complied with state law is … Continue reading

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E.D.Tenn.: Collective knowledge doesn’t require the stopping officer even know about it

“‘[W]e impute collective knowledge among multiple law enforcement agencies, even when the evidence demonstrates that the responding officer was wholly unaware’ of the specific relevant facts. (Doc. 194, at 24 (quoting United States v. Lyons, 687 F.3d 754, 766 (6th … Continue reading

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N.D.Ga.: Issues over the territorial jurisdiction of state issuing magistrate for geolocation information was subject to GFE

Defendants’ challenges to the state issuing magistrate’s jurisdiction over geolocation information that crosses jurisdictional lines were based on a Franks challenge that was negligence at worst and not an intentional misrepresentation as to the judge’s jurisdiction. Besides, as interesting as … Continue reading

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D.Mont.: With court ordered pinging of cell phone, govt violated no REP in following the pings

Once officers had a warrant authorizing capturing defendant’s cell phone pings back even in 2015, he had no reasonable expectation of privacy in his movements in public when they were following him based on the result of the pings. Therefore, … Continue reading

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DE: Slim inference for nexus wasn’t enough, and exclusionary rule applies

The affidavit for the search warrant creates only a slim inference at best, and no facts at all, showing a nexus to the place to be searched and the fraud crime under investigation. Therefore, the search warrant lacks probable cause … Continue reading

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W.D.Va.: Arrest warrant didn’t have to be in hand at time of arrest

When defendant was arrested on an arrest warrant, it was constitutionally required that officers have the warrant in hand at the time of the arrest. Rule 4 only requires the warrant be shown as soon as practical. Defendant was arrested … Continue reading

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N.D.Ga.: Hearsay is admissible in suppression hearings under Rule 104(a)

Hearsay is specifically admissible in suppression hearings [and issuing search warrants] under Rule 104(a). [After all, that’s how informant hearsay and collective knowledge work.] The court credits one officer as to what another told him in the probable cause for … Continue reading

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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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