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 tracking warrant. United States v. Duran, 2017 U.S. Dist. LEXIS 95354 (D. N.M. June 20, 2017).
“[T]he Court finds that Berrington’s Fourth Amendment rights were not violated because the Government has satisfied its burden that Blake, the resident of the apartment, consented to the officers entering his residence to look for Barrington” who was visiting. Defendant contested the voluntariness of consent, but that credibility call was made against him. United States v. Berrington, 2017 U.S. Dist. LEXIS 97527 (D. Mont. June 23, 2017).*