Category Archives: GPS / Tracking Data

E.D.N.Y.: 791 days of GPS tracking of a parolee to catch others in a DTO was [somehow] not unreasonable

In a really strange case, a GPS monitor to track curfew violations of a parolee was left on for 791 days. The parole officers and then other officers watched where he was going to attempt to crack a drug trafficking … Continue reading

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NYLJ.com: Electronic GPS Tracking and the Fourth Amendment

NYLJ.com: Electronic GPS Tracking and the Fourth Amendment by Martin Flumenbaum & Brad S. Karp: In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp examine two decisions which appear to reflect the court’s growing interest in the … Continue reading

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Minnesota Lawyer: Fourth Amendment battle brewing over ignition interlock GPS

Minnesota Lawyer: Fourth Amendment battle brewing over ignition interlock GPS by Mike Mosedale

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NC: After Grady, sex offender GPS monitoring requires a reasonableness hearing on def’s request

Post-Grady, the reasonableness requirement of the Fourth Amendment required the trial court conduct a hearing if the defendant objects to GPS monitoring. State v. Stroessenreuther, 2016 N.C. App. LEXIS 1240 (Dec. 6, 2016):

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E.D.N.C.: No PC for GPS information from any phone that connected to the target phone; and no GFE

“Because the first pen order allowed officers to retrieve GPS location information about any phone which contacted the target phones, and nothing in the affidavit shows the relation between those contacting phones and the underlying criminal activity, the magistrate judge … Continue reading

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D.Nev.: GPS warrant based on transaction from car three weeks earlier wasn’t stale

A GPS tracking warrant wasn’t stale based on a drug deal out of the car three weeks earlier. That led to probable cause to stop and search the vehicle two weeks later. United States v. Cabrera, 2016 U.S. Dist. LEXIS … Continue reading

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Two on good faith: No showing of PC for (1) GPS warrant and (2) nexus to def’s house

Game officers got a GPS warrant for defendant’s truck because they suspected him of hunting violations. After a couple of weeks, the truck’s movements were monitored daily. The issuance of the GPS warrant was without a finding of probable cause … Continue reading

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CA2: NYC cab driver didn’t show standing to contest GPS tracking of a taxicab

“Appeal from a judgment of the United States District Court for the Southern District of New York (Forrest, J.), granting summary judgment to Defendants Appellees, the City of New York and various of its employees, on Plaintiff Appellant Hassan El … Continue reading

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DE: GPS monitoring of Tier III sex offenders satisfied “special needs” exception

Statute mandating GPS monitoring of all Tier III sex offenders granted parole or probation without reference to their individual risks of recidivism did not violate the Fourth Amendment under Vernonia’s “special needs” exception. Plaintiffs did not have a legitimate privacy … Continue reading

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M.D.Fla.: Reliance on a state court tracking order years ago was entitled to good faith

Under the Stored Communications Act, one must still prove standing as an “aggrieved person.” A state court cell phone tracking order is entitled to good faith exception deference, particularly since it was issued prior to any cases on the subject. … Continue reading

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E.D.Wis.: Rule 41 violation isn’t necessarily a 4A violation

A violation of Rule 41 simply is not a Fourth Amendment violation. The case defendant cites isn’t on point. “[T]he defendant ignores the fact that, thirteen years after [that] decision, and almost thirty years before the search that resulted in … Continue reading

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Two on pre-Jones GPS and good faith

Defense counsel wasn’t ineffective for not challenging GPS in 2007. The state passed its own GPS statute in 2002, and defendant argued it wasn’t complied with when a GPS was placed on his car after an armored car robbery he … Continue reading

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