Category Archives: GPS / Tracking Data

CA3: NJ bail reform act doesn’t violate 4A or 8A

New Jersey’s bail reform act which shifts emphasis away from money bail to other restraints and conditions to assure release and return to court does not violate the Fourth Amendment. Not all restraints are unreasonable, given a probable cause finding … Continue reading

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OH9: ER’s blood draw for medical diagnosis didn’t require compliance with statute on DWI blood draws

Defendant was in a fatal accident and taken to the ER. The state trooper there tried to get him to consent to a blood test, and he declined. While the officer went to get a search warrant for this blood, … Continue reading

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CA9: Prior illegal entry into home doesn’t void subsequent SW if observations removed from SW affidavit

Assuming, without deciding, the warrantless entry into defendant’s home was invalid, there still was probable cause for issuance of the search warrant based on the remainder of the affidavit, excising the product of the prior entry. Inclusion of information from … Continue reading

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S.D.Fla.: 28 days of warrantless GPS tracking of a boat suppressed under Jones

Defendant’s boat was adrift off West Palm Beach, Florida for a few hours when the Coast Guard found him and boarded the boat. It was towed to the Coast Guard station and a border search was conducted. Nothing was found, … Continue reading

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SC: Failure to register offense didn’t justify electronic monitoring condition under Grady

Defendant was convicted of a sex offense in 1979. In 2011 he was convicted of a sex offender registration offense. An electronic monitoring condition was unreasonable and a violation of the Fourth Amendment on this record under Grady v. North … Continue reading

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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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