Category Archives: GPS / Tracking Data

CNS: Nonprofit Sues for Info on Warrantless GPS Tracking of Vehicles

Courthouse News Service: Nonprofit Sues for Info on Warrantless GPS Tracking of Vehicles by Jack Rodgers:

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NC: On remand from Grady, lifetime monitoring of sex offense “recidivists” off parole or any community control violates 4A

On remand from Grady v. North Carolina, 135 S. Ct. 1368 (2015), North Carolina’s lifetime satellite based monitoring system is unconstitutional as applied to those “recidivists” who have completed parole and all post-release supervision. The court does not go into … Continue reading

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FL4: Mistakenly placed GPS on probationer isn’t suppressed under Heien and Herring

When defendant started probation, a GPS monitor was placed on him without court order by a probation employee that just assumed it was required. It wasn’t. It was an apparent violation of the Fourth Amendment, but it’s within the Heien … Continue reading

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DC: Probationer on GPS monitoring could be checked against crime data to connect him to crime without violating 4A

Defendant was on supervised release and was required to wear a GPS monitor. After a crime, probation officers checked to see if perchance any of their probationers were at the scene at the time, and defendant was. The examination of … Continue reading

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M.D.Pa.: Dog alert satisfied CA3 standards because it was to specific place

The search of defendant’s U-Haul truck was justified by a dog alert. “Assuming arguendo that Third Circuit precedent supported defendants’ more taxing standard for what constitutes a positive and reliable alert, Trooper Hoy still had probable cause to search the … Continue reading

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E.D.Mich.: Officers’ efforts to avoid towing vehicle on def’s arrest showed lack of pretext to search it

The government satisfied its burden in showing that the inventory of defendant’s car was reasonable and not for an investigative purpose. Important to that, they attempted to work with defendant to avoid towing the vehicle at all by getting a … Continue reading

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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

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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

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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

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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

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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

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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

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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

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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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