Category Archives: GPS / Tracking Data

DE: Totality showed nexus for court ordered GPS on def’s car as suspect in burglaries

The totality of the circumstances showed a logical nexus among burglaries, defendant’s vehicle, and defendant for placement of a GPS by court order. There was a sufficient basis for finding probable cause that defendant was the person who committed the … Continue reading

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CO: Def had no REP in the GPS his bondsman made him wear

The defendant was on bail, and his bondsman monitored him by GPS. The police obtained the GPS information to connect him to another crime. He had no reasonable expectation of privacy in the bondsman’s GPS. People v. Campbell, 2018 COA … Continue reading

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LA2: No REP in text messages in another person’s cell phone

Defendant had no reasonable expectation of privacy in text messages in another person’s cell phone. State v. Young, 2018 La. App. LEXIS 110 (La. App. 2 Cir. Jan. 18, 2018). Defendant was on parole and his parole agreement required he … Continue reading

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AZ: Passenger in a vehicle has standing to contest GPS surveillance of vehicle, but here GFE applies because pre-Jones

The passenger in a vehicle subjected to GPS monitoring even for a few days and on public roads has standing to contest the monitoring. Here, however, the GPS device was placed in February 2010, more than two years prior to … Continue reading

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S.D.N.Y.: “GPS Affidavit [does not need] to include the ‘use and aims’ of the location information” to be valid

A “GPS Affidavit [does not need] to include the ‘use and aims’ of the location information” to be valid. [No case even suggests that.] United States v. Shulaya, 2017 U.S. Dist. LEXIS 209340 (S.D. N.Y. Dec. 20, 2017). Defendant consented … Continue reading

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N.D.Ind.: State court GPS tracking order limited to Indiana didn’t prevent FBI from using it under 4A when car went to California

Defendant was suspected of a bank robbery, and the government presented a GPS tracking warrant affidavit to an Indiana judge to track defendant in Indiana. Shortly thereafter, defendant drove to Los Angeles, and he was stopped for a traffic offense … Continue reading

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M.D.Tenn.: 6 day delay in installing a court ordered tracking device wasn’t unreasonable without a showing that PC dissipated

A six day delay in installing a court ordered tracking device wasn’t unreasonable without a showing that the probable cause dissipated in the meantime, and defendant didn’t. United States v. Thirkill, 2017 U.S. Dist. LEXIS 166131 (M.D. Tenn. Oct. 5, … Continue reading

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D.N.M.: GPS tracking warrants can be issued by USMJs; Title III doesn’t apply

The GPS tracking warrants were issued by a USMJ, and Title III’s restriction on only USDJs issuing wiretaps doesn’t apply tracking warrants [which are specifically mentioned in Rule 41]. The tracking did not exceed the 45 day limitation in the … Continue reading

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CA7: State court following Davis GFE for pre-Jones GPS hardly unreasonable application of federal law under § 2254(d)

District Court [inexplicably] granted CoA for appeal of Wisconsin planting a GPS device a year before Jones which the state court of appeals held was saved by Davis good faith exception. State v. Oberst, 2014 WI App 58, 354 Wis. … Continue reading

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CO: Prior illegal third party consent search of GPS in car unbeknownst to def wasn’t law of the case barring subsequent SW on independent evidence

Defendant was arrested for a sex offense, and, while in jail, his landlord kicked him out and his car was towed away and impounded by the police. The police used the towing company’s consent to search the GPS in his … Continue reading

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E.D.Va.: There is no higher nexus requirement involving cell phone data and tracking

There is no higher nexus requirement involving cell phones. A ping order of a cell phone may be used to collect “mere evidence,” rejecting United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013). United States v. Christian, … Continue reading

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WaPo: ‘The Volokh Conspiracy’ Blog: United States v. Wallace is a GPS case, not a cell-site case – here’s why it matters

WaPo: ‘The Volokh Conspiracy’ Blog: United States v. Wallace is a GPS case, not a cell-site case — here’s why it matters by Orin Kerr: Yesterday I wrote at length on United States v. Wallace, a new decision from the … Continue reading

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