{"id":5584,"date":"2011-07-10T16:54:55","date_gmt":"2011-05-23T00:33:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-05-22T10:44:19","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5584","title":{"rendered":"CT: Automobile exception permitted search of operator’s GPS device for recent trips"},"content":{"rendered":"

Defendant\u2019s vehicle was suspected of being involved in town hall burglaries in Connecticut and New Hampshire. When the vehicle was found, it was perceived to be stolen, defendant was absent, and the female passenger wasn\u2019t talking. The officer saw a GPS device in the front and scrolled through it, finding the addresses of other burglarized town halls. The GPS information was admissible under the automobile exception or inevitable discovery. State v. Heck<\/a>, 128 Conn. App. 633, 18 A.3d 673 (2011):<\/p>\n

… The whereabouts of the truck\u2019s driver were unknown, the passenger of the truck refused to provide any information or explanation as to what he was doing, and Roarick had seen another individual, the defendant, wearing a hooded garment, run behind a house near where the truck was located. Upon further investigation, Roarick determined that the truck was registered to Carmac, Inc. Based on the foregoing information, Roarick reasonably believed that the truck had been stolen, and the defendant eventually was captured without the use of any information provided through Roarick’s search of the truck.<\/p>\n

Additionally, because Roarick believed that the truck was stolen, it would have been impounded and a subsequent inventory would have revealed the same GPS information at that time. The Hillsborough town hall custodian, who usually arrived for work at approximately 7 a.m., would have discovered that the building had been burglarized and notified the police. Inevitably, the police would have connected the proximity of the defendant and the impounded vehicle to the Hillsborough town hall burglary. Therefore, the defendant’s connection to the New Hampshire town hall burglaries would have eventually been discovered and that discovery would have resulted in a lawful search of the defendant’s truck and seizure of evidence found inside the truck. Accordingly, we conclude that the court properly denied the defendant’s motion to suppress all evidence obtained in its search of the GPS device found in the defendant’s truck.<\/p><\/blockquote>\n

Orin Kerr posted this on Volokh Conspiracy<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5584","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5584","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5584"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5584\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5584"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5584"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5584"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}