Category Archives: GPS / Tracking Data

TX3: State failed to show exigency for dispensing with BAC SW

The trial court did not err by granting defendant’s motion to suppress blood evidence obtained in violation of the Fourth Amendment. The State failed to prove that the warrantless blood draw was justified by exigent circumstances: the collision did not … Continue reading

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W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

Defendant retained new counsel and moved to reopen his suppression hearing alleging former counsel was ineffective for not raising a better argument. The motion is denied because this claim doesn’t satisfy the standard for reopening. The issue was available and … Continue reading

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CA9: Even if state tracking warrant was limited to state, GFE applies

Assuming without deciding that a state tracking warrant couldn’t be tracked outside the state, the exclusionary rule would not be applied because the officers were all clearly operating in good faith. Moreover, defendant’s committing yet another bank robbery while he … Continue reading

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CNS: Nonprofit Sues for Info on Warrantless GPS Tracking of Vehicles

Courthouse News Service: Nonprofit Sues for Info on Warrantless GPS Tracking of Vehicles by Jack Rodgers:

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NC: On remand from Grady, lifetime monitoring of sex offense “recidivists” off parole or any community control violates 4A

On remand from Grady v. North Carolina, 135 S. Ct. 1368 (2015), North Carolina’s lifetime satellite based monitoring system is unconstitutional as applied to those “recidivists” who have completed parole and all post-release supervision. The court does not go into … Continue reading

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FL4: Mistakenly placed GPS on probationer isn’t suppressed under Heien and Herring

When defendant started probation, a GPS monitor was placed on him without court order by a probation employee that just assumed it was required. It wasn’t. It was an apparent violation of the Fourth Amendment, but it’s within the Heien … Continue reading

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DC: Probationer on GPS monitoring could be checked against crime data to connect him to crime without violating 4A

Defendant was on supervised release and was required to wear a GPS monitor. After a crime, probation officers checked to see if perchance any of their probationers were at the scene at the time, and defendant was. The examination of … Continue reading

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M.D.Pa.: Dog alert satisfied CA3 standards because it was to specific place

The search of defendant’s U-Haul truck was justified by a dog alert. “Assuming arguendo that Third Circuit precedent supported defendants’ more taxing standard for what constitutes a positive and reliable alert, Trooper Hoy still had probable cause to search the … Continue reading

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E.D.Mich.: Officers’ efforts to avoid towing vehicle on def’s arrest showed lack of pretext to search it

The government satisfied its burden in showing that the inventory of defendant’s car was reasonable and not for an investigative purpose. Important to that, they attempted to work with defendant to avoid towing the vehicle at all by getting a … Continue reading

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S.D.N.Y.: Driver’s cell phone search in 2017 NYC truck attack on pedestrians attributed to ISIS was with PC and was particular

The defendant in the 2017 New York City truck attack attributed to ISIS moved to suppress his cell phone search, primarily on the ground that ubiquity of cell phones alone isn’t enough. There was more. The court credits the FBI … 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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IL: GPS monitoring of food trucks to keep them 200′ from restaurants was reasonable

The City of Chicago requires GPS monitoring of food trucks to make sure they stay 200′ away from a regular restaurant or in food truck zones is reasonably related to the city’s interest in promoting viability of restaurants in the … Continue reading

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