Category Archives: GPS / Tracking Data

DC: PO’s turning over supervisee’s GPS tracking to police not unreasonable

Defendant on probation in D.C. was supervised by the Court Supervision and Offender Services Agency. After he violated terms of probation, he was placed on GPS monitoring. It was not unreasonable for CSOSA to share that information with D.C. Metro … Continue reading

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DC: Probationer’s GPS records don’t need a SW

A search warrant isn’t required for police to obtain a probationer’s GPS records from the PO. United States v. Jackson, 214 A.3d 464 (D.C. 2019). Crocker v. United States, 2021 D.C. App. LEXIS 167 (July 1, 2021). The officers did … Continue reading

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IA: State constitution prohibits warrantless trash search; “Current Fourth Amendment jurisprudence is a mess.”

Finding Iowa law long recognized trespass was an unreasonable entry, the state Supreme Court holds under the state constitution that trash out for collection by the trash collector is not abandoned property, and defendant still retained a reasonable expectation of … Continue reading

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CA8: GPS info can provide RS as to def’s location whether or not it’s admissible at trial

GPS information as to defendant’s location can be reasonable suspicion despite defendant’s claims it might not be admissible at trial. United States v. Martin, 2021 U.S. App. LEXIS 16822 (8th Cir. June 7, 2021):

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CA11: Monitoring a lawfully placed GPS device on a car is not a separate search under Knotts

Monitoring a lawfully placed GPS device on a car is not a separate search. It is lawful under Knotts, well before CSLI. United States v. Howard, 2021 U.S. App. LEXIS 15856 (11th Cir. May 27, 2021). The affidavit for the … Continue reading

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N.D.Ga.: PC shown for cell phone and geo-location data

“The Geo-Location Warrant was supported by probable cause because the affidavit established ‘a connection between the defendant and the location to be searched; a link between the location and criminal activity; and the informant’s veracity and basis of knowledge.’” There … Continue reading

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CA11: Assuming geo-location info for def’s cell phone was illegally obtained, it was harmless BRD

“We assume without deciding that the district court erred in allowing the admission of the Google geo-location data during trial because it amounted to fruit of the poisonous tree, and no exception applied. Nevertheless, Pendergrass is not entitled to a … Continue reading

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E.D.Mo.: Constitutionality of window tint statute doesn’t have anything to do with PC for a stop for overtinting

Even if Missouri’s window tint statute was unconstitutional, something in doubt, it wouldn’t have any affect on the reasonableness of defendant’s stop for violating it, and the exclusionary rule would not apply. Factually, the officer said he couldn’t see into … Continue reading

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E.D.Mo.: Mistaken identity stop was reasonable and led to plain view

The mistaken identity stop of defendant was reasonable on the totality, and, when a blunt fell to the ground, there was probable cause to go further. United States v. Smith, 2021 U.S. Dist. LEXIS 71223 (E.D. Mo. Mar. 26, 2021). … 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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VICE: Cars Have Your Location. This Spy Firm Wants to Sell It to the U.S. Military

VICE: Cars Have Your Location. This Spy Firm Wants to Sell It to the U.S. Military by Joseph Cox (“15 billion car locations. Nearly any country on Earth. ‘The Ulysses Group’ is pitching a powerful surveillance technology to the U.S. … 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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LA1: Probationer wearing GPS ankle monitor has no REP in information about his movements

A probationer wearing a GPS ankle monitor has no reasonable expectation of privacy in the information that linked him to an armed robbery while he was on probation. State in the interest of T.B., 2021 La. App. LEXIS 188 (La. … Continue reading

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NPR: Maryland Man Arrested After GPS Unit Allegedly Shows He Was At Capitol Riot

NPR: Maryland Man Arrested After GPS Unit Allegedly Shows He Was At Capitol Riot by Austin Austermuhle (“A Silver Spring man who prosecutors say is a professed white supremacist has been charged for illegally entering and remaining in a restricted … Continue reading

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NC: GPS tracking warrant affidavit showed PC

The warrant for installing a GPS tracker on defendant’s vehicle showed probable cause, the subject of the tracking to places he’s been and to locate potential conspirators. State v. McNeill, 2020 N.C. App. LEXIS 947 (Dec. 31, 2020).* Not having … Continue reading

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NC: Mere visitor on the premises shouldn’t have been searched without articulatable RS

Defendant was a visitor on the premises when a search warrant was executed. A full search of his person was unreasonable because there were no facts shown justifying a belief he was armed or dangerous. The dissents view would hollow … Continue reading

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CA11: Even if warrantless monitoring of a package in def’s home violated 4A, inevitable discovery applies

Even if warrantless monitoring of a package into defendant’s house violated the Fourth Amendment, inevitable discovery applies. There was an intensive investigation and time was of the essence. The exclusionary rule should not be applied. United States v. Watkins, 2020 … Continue reading

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NY3: CI showed PC; GPS warrant corroborated the CI

The CI appeared and testified to the probable cause. A separate search warrant for GPS tracking corroborated the CI. People v. Jackson, 2020 NY Slip Op 07251, 2020 N.Y. App. Div. LEXIS 7450 (3d Dept. Dec. 3, 2020). The CI … Continue reading

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MA: Home confinement and GPS monitoring as a condition of release pending sentencing was reasonable

Home confinement after conviction but pending a motion for new trial was not an unreasonable seizure. It was discretionary on conviction. GPS monitoring as well was a search under Grady, but, on a balancing of interests, it was reasonable on … Continue reading

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FL1: No REP in GPS installed in car def borrowed from a friend

Defendant had taken a car from a friend, and the car had a GPS installed by agreement between the owner and the finance company. The car owner didn’t know whether it had been stolen, and reported it to the police. … Continue reading

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