CA11: Border search of disabled vessel towed to port obviated need to decide warrantless planting of GPS on it

Defendant’s vessel broke down off West Palm Beach, and CBP boarded it when it was towed in for a border search. Nothing was found, but various things about the boat, like it’s prior owner was a drug trafficker and defendant’s answers about travels made little sense to them, led them to put a GPS tracker on the boat without his knowledge. A month later, the boat was found broken down again, and it was towed in and boarded again, this time with drug dog and it was searched. The GPS issue is not even addressed because the inevitable discovery doctrine applies to the search of the boat because it was valid as a border search. United States v. Senese, 2020 U.S. App. LEXIS 423 (11th Cir. Jan. 8, 2020).

There was probable cause for a BAC warrant for defendant who was involved in a single car accident with a tree, had to be extracted from the car and taken to the hospital, and he smelled of alcohol. Mason v. State, 2020 Ga. App. LEXIS 8 (Jan. 8, 2020).*

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