Category Archives: GPS / Tracking Data

S.D.N.Y.: Driver’s cell phone search in 2017 NYC truck attack on pedestrians attributed to ISIS was with PC and was particular

The defendant in the 2017 New York City truck attack attributed to ISIS moved to suppress his cell phone search, primarily on the ground that ubiquity of cell phones alone isn’t enough. There was more. The court credits the FBI … Continue reading

Posted in Cell phones, GPS / Tracking Data, Particularity | Comments Off on S.D.N.Y.: Driver’s cell phone search in 2017 NYC truck attack on pedestrians attributed to ISIS was with PC and was particular

CA10: SW not needed to obtain GPS location information from parolee’s GPS monitor

Defendant was on community supervision with GPS monitoring. He does not contest that, just the fact the location information was obtained without a search warrant. The probation-parole search exception doesn’t require a search warrant to obtain that information. United States … Continue reading

Posted in GPS / Tracking Data, Probation / Parole search, Tracking warrant | Comments Off on CA10: SW not needed to obtain GPS location information from parolee’s GPS monitor

IL: GPS monitoring of food trucks to keep them 200′ from restaurants was reasonable

The City of Chicago requires GPS monitoring of food trucks to make sure they stay 200′ away from a regular restaurant or in food truck zones is reasonably related to the city’s interest in promoting viability of restaurants in the … Continue reading

Posted in Administrative search, GPS / Tracking Data, Reasonable expectation of privacy | Comments Off on IL: GPS monitoring of food trucks to keep them 200′ from restaurants was reasonable

Boston Globe: Top court in Mass. to review controversial technology police use to track cars

Boston Globe: Top court in Mass. to review controversial technology police use to track cars by Matt Rocheleau: Massachusetts’ highest court will soon review the legality of controversial surveillance technology that state and local law enforcement use to track vehicles … Continue reading

Posted in GPS / Tracking Data, Surveillance technology | Comments Off on Boston Globe: Top court in Mass. to review controversial technology police use to track cars

IA: Def’s prior stashing of burglary proceeds at home was nexus in this SW application

Nexus was shown to the house searched because defendant was known to have stashed burglary proceeds there before. [A good lack of standing argument could have been made and was unnecessary.] State v. Adams, 2019 Iowa App. LEXIS 574 (June … Continue reading

Posted in GPS / Tracking Data, Staleness | Comments Off on IA: Def’s prior stashing of burglary proceeds at home was nexus in this SW application

N.D.Ind.: Not putting in affidavit after controlled buy that CI was searched doesn’t void the SW

The officer’s failure to include in the affidavit that the CI was searched before going in is a matter for the issuing judge to consider. “Here, the lack of information regarding the credibility of the purchasers as well as the … Continue reading

Posted in GPS / Tracking Data, Informant hearsay, Probable cause, Staleness | Comments Off on N.D.Ind.: Not putting in affidavit after controlled buy that CI was searched doesn’t void the SW

MO: SW for a house includes the garden in the curtilage

The search warrant for defendant’s home authorized a search of defendant’s garden because, under Jardines, the curtilage is considered part of the house itself. State v. Daggett, 2019 Mo. App. LEXIS 843 (May 28, 2019). A state court’s 2017 cell … Continue reading

Posted in Curtilage, GPS / Tracking Data, Informant hearsay | Comments Off on MO: SW for a house includes the garden in the curtilage

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

Posted in Abstention, GPS / Tracking Data | Comments Off on CA5: GFE wasn’t raised or litigated below so it’s not considered on appeal

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

Posted in GPS / Tracking Data, Nexus | Comments Off on CA8: Two CIs and officer’s observations provided PC for GPS tracking

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

Posted in GPS / Tracking Data | Comments Off on N.D.Ill.: Warrantless downloading GPS from an installed device on a car violated Jones

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

Posted in GPS / Tracking Data, Inventory, Reasonable suspicion | Comments Off on NC: Failure to object to satellite-based monitoring in trial court was waiver

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

Posted in GPS / Tracking Data | Comments Off on CA6: Tracking warrant was issued with PC