Category Archives: GPS / Tracking Data

NC: On remand from Grady, realtime satellite based monitoring of a sex offender on release was unreasonable under 4A

On remand from Grady v. North Carolina, 135 S. Ct. 1368, 191 L. Ed. 2d 459 (2015), the state failed to prove that continuous realtime satellite based monitoring of defendant was unreasonable. The lack of a warrant requirement without any … Continue reading

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OH9: GPS tracking previously imposed for parole wasn’t a violation of 4A

GPS tracking as a condition of parole was based in substantial part on findings in a prior sentencing involving defendant, and that did not violate the Fourth Amendment in imposing those release conditions. That GPS information was used in this … Continue reading

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CA10: Three CIs corroborated each other and were independently corroborated

The affidavit for the arrest warrant was based on three CIs who corroborated each other and which were independently corroborated by the police. A Franks challenge was included that a prior search resulted in finding drugs that were not mentioned … Continue reading

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OH8: No standing in a package neither sent nor to be received by def

Defendant lacked standing to challenge the placing of the GPS tracking device on the package because she was neither the sender nor addressee of the package and demonstrated no reasonable expectation of privacy in the package. The police could validly … Continue reading

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W.D.Pa.: SW for premises for “other evidence of distribution” of drugs permitted search of def’s pockets

The search warrant was for “drugs, drug paraphernalia, owe sheets, cell phones, firearms, stolen merchandise, or other evidence of distribution of a controlled substance.” That permits a search of defendant’s pockets, and the cash found there was subject to potential … Continue reading

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DE: Totality showed nexus for court ordered GPS on def’s car as suspect in burglaries

The totality of the circumstances showed a logical nexus among burglaries, defendant’s vehicle, and defendant for placement of a GPS by court order. There was a sufficient basis for finding probable cause that defendant was the person who committed the … Continue reading

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CO: Def had no REP in the GPS his bondsman made him wear

The defendant was on bail, and his bondsman monitored him by GPS. The police obtained the GPS information to connect him to another crime. He had no reasonable expectation of privacy in the bondsman’s GPS. People v. Campbell, 2018 COA … Continue reading

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LA2: No REP in text messages in another person’s cell phone

Defendant had no reasonable expectation of privacy in text messages in another person’s cell phone. State v. Young, 2018 La. App. LEXIS 110 (La. App. 2 Cir. Jan. 18, 2018). Defendant was on parole and his parole agreement required he … Continue reading

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AZ: Passenger in a vehicle has standing to contest GPS surveillance of vehicle, but here GFE applies because pre-Jones

The passenger in a vehicle subjected to GPS monitoring even for a few days and on public roads has standing to contest the monitoring. Here, however, the GPS device was placed in February 2010, more than two years prior to … Continue reading

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S.D.N.Y.: “GPS Affidavit [does not need] to include the ‘use and aims’ of the location information” to be valid

A “GPS Affidavit [does not need] to include the ‘use and aims’ of the location information” to be valid. [No case even suggests that.] United States v. Shulaya, 2017 U.S. Dist. LEXIS 209340 (S.D. N.Y. Dec. 20, 2017). Defendant consented … Continue reading

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N.D.Ind.: State court GPS tracking order limited to Indiana didn’t prevent FBI from using it under 4A when car went to California

Defendant was suspected of a bank robbery, and the government presented a GPS tracking warrant affidavit to an Indiana judge to track defendant in Indiana. Shortly thereafter, defendant drove to Los Angeles, and he was stopped for a traffic offense … Continue reading

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M.D.Tenn.: 6 day delay in installing a court ordered tracking device wasn’t unreasonable without a showing that PC dissipated

A six day delay in installing a court ordered tracking device wasn’t unreasonable without a showing that the probable cause dissipated in the meantime, and defendant didn’t. United States v. Thirkill, 2017 U.S. Dist. LEXIS 166131 (M.D. Tenn. Oct. 5, … Continue reading

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