{"id":65132,"date":"2026-10-31T12:00:00","date_gmt":"2026-10-31T17:00:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=65132"},"modified":"2026-10-30T16:59:49","modified_gmt":"2026-10-30T21:59:49","slug":"ny3-no-rep-in-parole-gps-monitoring-as-to-police","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=65132","title":{"rendered":"NY3: No REP in parole GPS monitoring as to police"},"content":{"rendered":"\n<p>\u201cHere, defendant&#8217;s affidavit in support of his motion to suppress contended that he had a reasonable expectation of privacy from a search and seizure by the police because, although he knew his location was being tracked by his parole officer through his ankle monitor as a condition of parole, he did not consent to the police tracking his location with such device. Even assuming defendant subjectively believed that the GPS tracking data collected by his state-issued ankle monitor was private \u2014 despite knowing that he was under constant monitoring as a condition of his parole \u2014 that expectation was not objectively reasonable or justiciable under the circumstances presented here.\u201d <a href=\"https:\/\/www.nycourts.gov\/reporter\/current\/3dseries\/2026\/2026_06356.shtml\">People v. Smith<\/a>, 2026 NY Slip Op 06356, 2026 N.Y. App. Div. LEXIS 6566 (3d Dept. Oct. 29, 2026). [3 years 3\u00bd months to decide this appeal]<\/p>\n\n\n\n<p>On defendant\u2019s motion to reconsider denial of his suppression motion, the failure to meet the Franks burden is reaffirmed. United States v. Williams, 2026 U.S. Dist. LEXIS 247799 (E.D. La. Oct. 29, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHere, defendant&#8217;s affidavit in support of his motion to suppress contended that he had a reasonable expectation of privacy from a search and seizure by the police because, although he knew his location was being tracked by his parole officer &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=65132\">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":[21,17,58],"tags":[],"class_list":["post-65132","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-gps-tracking-data","category-probationparole-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65132","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=65132"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65132\/revisions"}],"predecessor-version":[{"id":65133,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65132\/revisions\/65133"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65132"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=65132"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=65132"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}