Category Archives: GPS / Tracking Data

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

Posted in GPS / Tracking Data, Rule 41(g) / Return of property | Comments Off on S.D.N.Y.: Venue for a motion for return of seized property is where the property was seized

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

Posted in Border search, GPS / Tracking Data, Inevitable discovery | Comments Off on CA11: Border search of disabled vessel towed to port obviated need to decide warrantless planting of GPS on it

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.”)

Posted in Drones, GPS / Tracking Data | Comments Off on NYTimes: The F.A.A. Wants to Start Tracking Drones’ Locations

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

Posted in GPS / Tracking Data | Comments Off on WaPo: Police hid a tracking device on a suspect’s car — then charged him with theft for removing it

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

Posted in GPS / Tracking Data, Reasonable expectation of privacy | Comments Off on M.D.Ala.: One day’s GPS monitoring reasonable under Knotts, all things considered

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

Posted in GPS / Tracking Data, Ineffective assistance, Informant hearsay | Comments Off on FL5: CI rented car for def to commit a robbery; told police and they put GPS on car; stop was with PC

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

Posted in Excessive force, GPS / Tracking Data | Comments Off on 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

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:

Posted in Administrative search, GPS / Tracking Data | Comments Off on Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case

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.”).

Posted in GPS / Tracking Data, Surveillance technology | Comments Off on Motherboard: The Private Surveillance System That Tracks Cars Nationwide

TX3: State failed to show exigency for dispensing with BAC SW

The trial court did not err by granting defendant’s motion to suppress blood evidence obtained in violation of the Fourth Amendment. The State failed to prove that the warrantless blood draw was justified by exigent circumstances: the collision did not … Continue reading

Posted in Drug or alcohol testing, GPS / Tracking Data | Comments Off on TX3: State failed to show exigency for dispensing with BAC SW

W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

Defendant retained new counsel and moved to reopen his suppression hearing alleging former counsel was ineffective for not raising a better argument. The motion is denied because this claim doesn’t satisfy the standard for reopening. The issue was available and … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception, GPS / Tracking Data, Suppression hearings | Comments Off on W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

CA9: Even if state tracking warrant was limited to state, GFE applies

Assuming without deciding that a state tracking warrant couldn’t be tracked outside the state, the exclusionary rule would not be applied because the officers were all clearly operating in good faith. Moreover, defendant’s committing yet another bank robbery while he … Continue reading

Posted in Good faith exception, GPS / Tracking Data | Comments Off on CA9: Even if state tracking warrant was limited to state, GFE applies