{"id":22825,"date":"2016-07-04T00:01:14","date_gmt":"2016-07-04T05:01:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22825"},"modified":"2016-07-03T17:20:08","modified_gmt":"2016-07-03T22:20:08","slug":"two-on-pre-jones-gps-and-good-faith","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=22825","title":{"rendered":"Two on pre-Jones GPS and good faith"},"content":{"rendered":"<p>Defense counsel wasn\u2019t ineffective for not challenging GPS in 2007. The state passed its own GPS statute in 2002, and defendant argued it wasn\u2019t complied with when a GPS was placed on his car after an armored car robbery he was suspected of participating in. Constitutionally, the question was unsettled because it was five years before Jones. Moreover, the proof of guilt was overwhelming, so it sure was harmless error if error at all. Thus, defendant can\u2019t show prejudice. [Davis good faith doesn\u2019t even get mentioned.] <a href=\"http:\/\/www.judicial.state.sc.us\/opinions\/HTMLFiles\/COA\/5420.pdf\">Frierson v. State<\/a>, 2016 S.C. App. LEXIS 73 (June 29, 2016).<\/p>\n<p>Use of a GPS tracker did not require a warrant prior to Jones. There was no case in this circuit and five others held that no warrant was required. Yes, GPS is a \u201cfar cry\u201d from Knotts\u2019s beeper, but that\u2019s not the point because that\u2019s what most courts were doing with GPS until Jones. Davis good faith applies. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/15\/15-7076.pdf\">United States v. Mitchell<\/a>, 2016 U.S. App. LEXIS 12179 (10th Cir. June 30, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel wasn\u2019t ineffective for not challenging GPS in 2007. The state passed its own GPS statute in 2002, and defendant argued it wasn\u2019t complied with when a GPS was placed on his car after an armored car robbery he &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=22825\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,17],"tags":[],"class_list":["post-22825","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-gps-tracking-data"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22825","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=22825"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22825\/revisions"}],"predecessor-version":[{"id":22826,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22825\/revisions\/22826"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22825"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22825"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22825"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}