Category Archives: GPS / Tracking Data

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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CT: Pretrial GPS monitoring didn’t violate right to counsel and is 4A reasonable

Pretrial GPS monitoring that can tell when the accused is at his attorney’s office doesn’t violate the right to counsel, and it’s reasonable when merely monitoring whether defendant is abiding by her pretrial travel restrictions. State v. Troconis, 2020 Conn. … Continue reading

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GA: Even if GPS tracker was unconstitutionally placed, it didn’t affect later SW for vehicle

Defendant first claimed the vehicle was his when the officer asked, and he consented to a search of it. After a few loose rounds of ammunition were found, he disavowed ownership. It turned out there was also a tracking device … Continue reading

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CNS: Seventh Circuit Examines Lifetime GPS Tracking of Sex Offender

CNS: Seventh Circuit Examines Lifetime GPS Tracking of Sex Offenders by Joe Kelly (“The Seventh Circuit on Friday weighed the intrusiveness of a Wisconsin statute that institutes lifetime GPS monitoring of certain convicted sex offenders against the necessity of preventing … Continue reading

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CA9: There is no exhaustion requirement for other investigative techniques for a tracking warrant, but failure to adequately brief it is waiver anyway

The affidavit for this GPS tracking warrant said that other investigative techniques had been exhausted, and defendant claims it was false. “Colldock also contests the affidavit’s statement that law enforcement had, before seeking a GPS tracking warrant, ‘exhausted its investigative … Continue reading

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Techdirt: Government’s ‘Reverse’ Warrant Rejected By Two Consecutive Federal Judges

Techdirt: Government’s ‘Reverse’ Warrant Rejected By Two Consecutive Federal Judges by Tim Cushing (“Warrants are supposed to have a certain amount of particularity. These warrants have none. All they have are some coordinates and a clock. Fortunately, as the EFF … Continue reading

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FoxNews: Google CEO says tech giant deletes this information used by police

FoxNews: Google CEO says tech giant deletes this information used by police by Brooke Brothers (“Google now sets a time limit on data used by police for tracking suspects, the CEO said at Wednesday’s congressional hearing with tech giants. The … Continue reading

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Slate: Customs and Border Protection Can Track Cars Nationwide Via Commercial Database

Slate: Customs and Border Protection Can Track Cars Nationwide Via Commercial Database by Hannah Klein (“It turns out that U.S. Customs and Border Protection could now keep an eye on your car without even getting a warrant. This month, we … Continue reading

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