Category Archives: GPS / Tracking Data

NC reverse to satellite monitoring sex offender conditions for lack of findings

“The trial court ordered Defendant Aaron Lee Gordon to enroll in lifetime satellite-based monitoring following his eventual release from prison. Defendant appeals. Because the State cannot establish at this time that Defendant’s submission to satellite-based monitoring will constitute a reasonable … Continue reading

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Ars Technica: Cheese danish shipping, warrantless GPS trackers, and a border doctrine challenge

Ars Technica: Cheese danish shipping, warrantless GPS trackers, and a border doctrine challenge BY Cyrus Farivar:

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TN: Because a probation search doesn’t require PC, staleness of information is not an issue

A probation search does not require probable cause, so staleness is not an issue. State v. Ward, 2018 Tenn. Crim. App. LEXIS 666 (Aug. 30, 2018). Defendant had a GPS put on his vehicle and thermal imaging of his building, … Continue reading

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SC: GPS on a probationer has to be properly authenticated, and PO isn’t the way

Defendant was accused of robbing a Zaxby’s restaurant with a probationer wearing a GPS monitor. The probationer pled. Defendant went to trial, and the probation officer was used to authenticate the GPS information. It was inadequate. However, the court applies … Continue reading

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CA8: Gratuitously drawing weapons after initial stop was unreasonable

The initial drawing of weapons at the beginning of a stop was not unreasonable under all the facts. Doing it again gratuitously without apparent justification was unreasonable. Wilson v. Lamp, 2018 U.S. App. LEXIS 24386 (8th Cir. Aug. 28, 2018). … Continue reading

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NC: Failure to object in trial court to satellite monitoring of sex offender was waiver

Defendant didn’t object in the trial court to his satellite monitoring condition of his sentence as a violation of the Fourth Amendment, so it can’t be reviewed on appeal. State v. Lindsey, 2018 N.C. App. LEXIS 747 (Aug. 8, 2018). … Continue reading

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CA2: Def wore GPS for two years for parole, but parole officers turned over monitoring to feds; monitoring not unreasonable

Defendant was on state parole and wore a GPS ankle monitor for two years. Parole turned over monitoring to the feds who monitored him to see what he was doing. The district court suppressed (United States v. Lambus, 251 F. … Continue reading

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CA3: NJ bail reform act doesn’t violate 4A or 8A

New Jersey’s bail reform act which shifts emphasis away from money bail to other restraints and conditions to assure release and return to court does not violate the Fourth Amendment. Not all restraints are unreasonable, given a probable cause finding … Continue reading

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OH9: ER’s blood draw for medical diagnosis didn’t require compliance with statute on DWI blood draws

Defendant was in a fatal accident and taken to the ER. The state trooper there tried to get him to consent to a blood test, and he declined. While the officer went to get a search warrant for this blood, … Continue reading

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CA9: Prior illegal entry into home doesn’t void subsequent SW if observations removed from SW affidavit

Assuming, without deciding, the warrantless entry into defendant’s home was invalid, there still was probable cause for issuance of the search warrant based on the remainder of the affidavit, excising the product of the prior entry. Inclusion of information from … Continue reading

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S.D.Fla.: 28 days of warrantless GPS tracking of a boat suppressed under Jones

Defendant’s boat was adrift off West Palm Beach, Florida for a few hours when the Coast Guard found him and boarded the boat. It was towed to the Coast Guard station and a border search was conducted. Nothing was found, … Continue reading

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SC: Failure to register offense didn’t justify electronic monitoring condition under Grady

Defendant was convicted of a sex offense in 1979. In 2011 he was convicted of a sex offender registration offense. An electronic monitoring condition was unreasonable and a violation of the Fourth Amendment on this record under Grady v. North … Continue reading

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