Category Archives: GPS / Tracking Data

CA5: GFE wasn’t raised or litigated below so it’s not considered on appeal

The district court’s findings on the search were not clearly erroneous. The good faith exception wasn’t raised in the district court, and not on appeal so it’s waived. United States v. Taylor, 2019 U.S. App. LEXIS 14644 (5th Cir. May … Continue reading

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CA8: Two CIs and officer’s observations provided PC for GPS tracking

Two tipsters and an officer’s observations of hand-to-hand deals led to a GPS warrant for defendant’s vehicle. It was issued with probable cause. Defendant wasn’t entitled to a Franks hearing over the CIs. United States v. Bradley, 2019 U.S. App. … Continue reading

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N.D.Ill.: Warrantless downloading GPS from an installed device on a car violated Jones

Defendant bought a Lexus from a used car dealer that had a GPS installed to track it, apparently to repossess it if necessary. He was warned on the purchase contract. Still, the government needed a search warrant to get access … Continue reading

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NC: Failure to object to satellite-based monitoring in trial court was waiver

Defendant didn’t raise the constitutionality of satellite-based monitoring in the trial court, so it’s waived for appeal. He also can’t bring it up by certiorari. State v. DeJesus, 2019 N.C. App. LEXIS 384 (May 7, 2019). Reasonable suspicion developed at … Continue reading

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CA6: Tracking warrant was issued with PC

The tracking warrant here was issued on probable cause. “Courts have upheld vehicle-tracking warrants based on much weaker factual allegations than these. See, e.g., United States v. Faulkner, 826 F.3d 1139, 1145 (8th Cir. 2016) (upholding a vehicle-tracking warrant where … Continue reading

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Denver Post: Holy police tech, Batman! Denver officers can now shoot your car with a GPS tracker if you try to flee

Denver Post: Holy police tech, Batman! Denver officers can now shoot your car with a GPS tracker if you try to flee by Elise Schmelzer Police leaders hope technology will minimize the number of dangerous chases So: installation by exigency. … Continue reading

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ABAJ: GPS ankle monitors can call and record people without consent; do they violate 5th Amendment?

ABAJ: GPS ankle monitors can call and record people without consent; do they violate 5th Amendment? by Debra Cassens Weiss:

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Business Insider: Your iPhone keeps a detailed list of every location you frequent

Business Insider: Your iPhone keeps a detailed list of every location you frequent — here’s how to delete your history and shut the feature off for good by Paige Leskin:

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MA: Prolonged GPS monitoring as punishment for CP conviction was unreasonable under Grady

Prolonged GPS monitoring for punishment for child pornography, a non-contact offense, was unreasonable under Grady v. North Carolina because the state’s interest was only marginal compared to the interest of the offender. Commonwealth v. Feliz, 481 Mass. 689 (Mar. 26, … Continue reading

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MA: Probation GPS monitoring can be accessed after the fact to prove def’s location in a new crime

Defendant was on probation and had GPS monitoring as a condition. It was reasonable for the state to access the historical GPS data later when defendant was suspected of a crime. Commonwealth v. Johnson, 481 Mass. 710 (Mar. 26, 2019). … Continue reading

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NC: The state bears the burden of proof of reasonableness under Grady and it failed here

NC recognizes that its case law is in vast disarray since Grady v. North Carolina, and it’s tough to sort out. The state bears the burden of proof on reasonableness of satellite based monitoring of a sex offender. Here, the … Continue reading

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CA9: Warrantless placement of GPS on a parolee’s car was reasonable under 4A

Based on Ninth Circuit precedent that cell phone searches are permitted by the parole search doctrine, the court finds that warrantless placing of a GPS on a parolees car is permitted under the Fourth Amendment. United States v. Korte, 2019 … Continue reading

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