D.Minn.: Placing GPS on vehicle 2.5 hours before SW issued didn’t require suppression

“This Court concludes that the supporting affidavit for the GPS tracking warrant establishes probable cause.” “Here, it is undisputed that when the GPS tracking device was placed on the gold Chevy Tahoe at approximately 5:00 p.m. on March 3, 2022, it constituted an improper search. This Court concludes, however, that the subsequent search warrant obtained approximately two and a half hours later satisfies the independent source requirements. The first requirement is met because the warrant did not rely on tainted information.” “Furthermore, nothing in the record indicates that the police were not going to apply for the GPS warrant if they had not already placed the tracker on the vehicle.” The affidavit admitted the GPS was already installed and said that nothing was viewed from it. A Franks challenge also failed. United States v. Martinez, 2022 U.S. Dist. LEXIS 234060 (D. Minn. Nov. 16, 2022).

Despite the lack of a dog alert, there was probable cause for search of defendant’s car. State v. Aguilar, 2022-NCCOA-903, 2022 N.C. App. LEXIS 943 (Dec. 29, 2022).*

Officers had probable cause to collect defendant’s DNA in a sex assault case. Moreover, defendant implicitly consented to its taking. Suppression reversed. Commonwealth of the N. Mariana Islands v. Kaipat, 2022 MP 9, 2022 N. Mar. I. LEXIS 11 (Dec. 31, 2022).*

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