VA: GPS device could be removed and reinstalled under same warrant

The GPS tracking warrant in this case was good for 30 days, and it was installed the day after issuance. When officers learned the car was going in for service, they recovered it so it would not be detected, then reinstalled it after service. This was within the terms of the warrant. For example, a GPS knocked off a car could be replaced under the warrant. Turner v. Commonwealth, 2015 Va. App. LEXIS 301 (Oct. 27, 2015).

The officer unmistakably smelled marijuana when he walked up to defendant’s car during a stop, and this was probable cause. Defendant also consented. United States v. Henry, 2015 U.S. Dist. LEXIS 145395 (M.D.La. Oct. 27, 2015).*

The officer texted somebody about a drug deal at a convenience store in the daytime, and defendant showed up, parked next to the officer’s car, and walked into the store. Nothing about this suggested criminality, and defendant’s arrest was without probable cause. Elvine v. State, 2015 Ga. App. LEXIS 607 (Oct. 23, 2015).*