Category Archives: GPS / Tracking Data

AP: Geofence warrants to be tested in VA bank robbery case

AP: Geofence warrants to be tested in Virginia bank robbery case (“Surveillance video gave authorities a lead, showing a man holding a cellphone outside the Call Federal Credit Union in Midlothian on May 20, 2019. So like a growing number of … Continue reading

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MD & NY2: Court ordered GPS tracking satisfied warrant requirement

Court ordered GPS tracking of a vehicle for up to 30 days under state statute satisfied the warrant requirement for its showing of probable cause before a neutral and detached magistrate. Whittington v. State, 2020 Md. App. LEXIS 621 (July … 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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NC: State fails to show need for satellite based monitoring of sex offender who won’t be released from prison until 2032

The state fails to show the need for constant satellite based monitoring for defendant convicted sex offender who won’t even be released from prison until 2032. State v. Gordon, 2020 N.C. App. LEXIS 205 (Mar. 17, 2020):

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Protocol: Through apps, not warrants, ‘Locate X’ allows federal law enforcement to track phones

Protocol: Through apps, not warrants, ‘Locate X’ allows federal law enforcement to track phones by Charles Levinson (“Federal agencies have big contracts with Virginia-based Babel Street. Depending on where you’ve traveled, your movements may be in the company’s data.”)

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IN: Warrant-placed GPS unit’s failure is not PC to believe defendant stole it

Just because a GPS device lawfully planted on a car stops working is not probable cause to believe the defendant stole it. The search warrant for his house and barn to recover it lacked all probable cause and any basis … Continue reading

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OR: Car owner had no REP from GPS installed by his company before he got the car from them

Plaintiff worked for Toyota Motor Credit and Toyota Financial Services. When he severed his employment with them, he was allowed to keep the vehicle he used for them. Unbeknownst to him, Toyota Financial Services had a GPS device on the … Continue reading

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S.D.N.Y.: Venue for a motion for return of seized property is where the property was seized

Venue for a motion for return of seized property is where the property was seized, here the E.D. N.Y. United States v. Collado, 2020 U.S. Dist. LEXIS 7873 (S.D. N.Y. Jan. 16, 2020). Defense counsel wasn’t ineffective for not challenging … Continue reading

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CA11: Border search of disabled vessel towed to port obviated need to decide warrantless planting of GPS on it

Defendant’s vessel broke down off West Palm Beach, and CBP boarded it when it was towed in for a border search. Nothing was found, but various things about the boat, like it’s prior owner was a drug trafficker and defendant’s … Continue reading

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NYTimes: The F.A.A. Wants to Start Tracking Drones’ Locations

NYTimes: The F.A.A. Wants to Start Tracking Drones’ Locations by Heather Murphy (“A proposal would require most drones flying in American airspace to include technology that would allow the government to keep tabs on them.”)

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WaPo: Police hid a tracking device on a suspect’s car — then charged him with theft for removing it

WaPo: Police hid a tracking device on a suspect’s car — then charged him with theft for removing it by Brittany Shammas (“For about a week in summer 2018, Indiana authorities monitored a suspected drug dealer’s movements using a GPS … Continue reading

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M.D.Ala.: One day’s GPS monitoring reasonable under Knotts, all things considered

A valuable opinion from the Middle District of Alabama on privacy v. property, mosaic theory or not, reasonable expectations of privacy on the open road. The court is constrained to find one day’s GPS tracking was reasonable under Knotts. United … Continue reading

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FL5: CI rented car for def to commit a robbery; told police and they put GPS on car; stop was with PC

The CI had knowledge defendant was going to commit a robbery and was enlisted to rent a car for it. The CI told the police, and they planted a GPS on the car with the CI’s permission. After the robbery, … Continue reading

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D.Minn.: Def was a parole absconder with a cell phone; PC existed for a warrant for a ping of the cell phone to find him

Defendant was a state parole absconder, and the officers got a warrant for a tracking order on the phone to find him, and it was issued with probable cause he’d be found with his phone. In any event, the good … Continue reading

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Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case

Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case by Nick Sibilla:

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Motherboard: The Private Surveillance System That Tracks Cars Nationwide

Motherboard: The Private Surveillance System That Tracks Cars Nationwide (“It’s not just the NSA with all of the surveillance power in America, there’s a booming corporate-owned surveillance industry used by private investigators.”).

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