Category Archives: GPS / Tracking Data

NY3: Warrantless arrest body cavity search was unreasonable

Defendant’s arrest body cavity search pulling out heroin was unreasonable. People v. Chase, 2024 NY Slip Op 01837, 2024 N.Y. App. Div. LEXIS 1877 (3d Dist. Apr. 4, 2024). [Sentencing was five years ago, and that should be an embarrassment … Continue reading

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thedrive.com: Police Are Tagging Fleeing Cars With GPS Darts to Avoid Dangerous Pursuits

thedrive.com: Police Are Tagging Fleeing Cars With GPS Darts to Avoid Dangerous Pursuits by Nico DeMattia (“The launchers are typically mounted to the front of cop cars and can fire darts at up to 30 mph.”). [Exigency, like an emergency … Continue reading

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NYU L. Rev.: If Wheels Could Talk: Fourth Amendment Protections Against Police Access to Automobile Data

Nicole Mo, If Wheels Could Talk: Fourth Amendment Protections Against Police Access to Automobile Data, 98 NYU L. Rev. 2232 (Dec. 2023):

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Reason: Stop Your Car From Spying on You

Reason: Stop Your Car From Spying on You by J.D. Tuccille (“Modern cars are smartphones on wheels, but with less protection for your data.”):

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CA11: Even if Carpenter applied to license plate readers, it happened before Carpenter was decided so good faith applies

Even if Carpenter applied to automated license plate readers, it was decided the day after this happened, so the good faith exception would apply in any event. In addition, the officer’s testimony about it was lay testimony under F.R.E. 702. … Continue reading

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PA: PO could send parolee’s GPS tracking to CID

Defendant was on parole for armed robbery, wearing a GPS tracker. It was reasonable for parole to send his tracking information to a detective investigating him for another robbery. Commonwealth v. Rosendary, 2024 PA Super 51, 2024 Pa. Super. LEXIS … Continue reading

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N.D.Fla.: No standing against tracking a stolen cell phone

Defendant claimed a Brady violation for failure to disclose a Stingray device was used to track the victim’s cell phone in his possession. It’s not. Moreover, defendant doesn’t even have standing in a stolen cell phone. Bass v. Dixon, 2023 … Continue reading

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NYTimes: Your Car Is Tracking You. Abusive Partners May Be, Too.

NYTimes: Your Car Is Tracking You. Abusive Partners May Be, Too. by Kashmir Hill (”Apps that remotely track and control cars are being weaponized by abusive partners. Car manufacturers have been slow to respond, according to victims and experts.” If … Continue reading

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DC parolee’s GPS monitor can only be placed by court order

Defendant’s GPS monitoring while on D.C. parole was unauthorized without an order from the sentencing court. It also doesn’t fit under Knights and Samson and special needs. Therefore, its use here to connect defendant to a crime is suppressed. Davis … Continue reading

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GA: A court order for medical records by statute requires PC

There is a statutory privacy interest in one’s medical records, and an “appropriate court order” is required for the government to access them in a criminal case. An ex parte order not shown to be based on probable cause is … Continue reading

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DC: Search of probationer’s GPS monitor didn’t require a SW

Defendant was on GPS electronic monitoring while on probation. The search of his EM device to prove he was involved in a robbery was not unreasonable. Moreover, even if the probation department’s regulations were somehow violated, the exclusionary rule should … Continue reading

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CA6: Absconding parolee on electronic monitoring had no standing against using OnStar to find him

“Although the Supreme Court has expressly declined to hold that a parolee categorically has no expectation of privacy in any context, … Lenhart, as a parolee who was subject to electronic monitoring as a condition of his parole, had no … Continue reading

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AZ: Defense should get discovery of victim’s GPS to try to make a defense

The defendant here sought discovery of the alleged victim’s GPS information from his car in an effort to prove someone else was involved in the crime. The court concludes that this is private action (although enforced by court) and the … Continue reading

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D.P.R.: Mere presence of FBI at USPO search didn’t make PO ‘stalking horse’

Mere presence of FBI and other law enforcement officers at USPO’s search based on reasonable suspicion did not make the PO a “stalking horse” for the police. United States v. Borges-Sánchez, 2023 U.S. Dist. LEXIS 66017 (D.P.R. Apr. 14, 2023). … Continue reading

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CA5: Mandatory GPS monitoring of charter boats arbitrary under legislation invoked for it

A rule for mandatory GPS monitoring on all charter boats in the Gulf of Mexico, whether used commercially or for personal use at the time, was arbitrarily adopted in violation of the APA. GPS monitoring furthers no government interest under … Continue reading

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W.D.Ky.: Search warrant affiant’s reference to water emoji wasn’t false or misleading; it here referred to meth, not sex

Defendant’s Franks motion fails. Defendants’ use of a water emoji could have been a reference to sex, but it could also be a reference to methamphetamine, as has come up in police training and in other cases such as United … Continue reading

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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, … Continue reading

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CA8: No standing to challenge GPS already installed in CS’s car he borrowed

Defendant had no standing to contest installation of a GPS by the CS in the vehicle he loaned to defendant. Jones specifically recognized this. United States v. Dewilfond, 2022 U.S. App. LEXIS 33273 (8th Cir. Dec. 2, 2022). Defendant was … Continue reading

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Reason: The Federal Government’s Plan to Track Truckers’ Every Movement Is a Privacy Nightmare

Reason: The Federal Government’s Plan to Track Truckers’ Every Movement Is a Privacy Nightmare by Jared McCain (“This surveillance would be unconstitutional—and there’s no reason to believe it will make anyone safer.”) Would it be? NYC’s taxicabs lost this battle … Continue reading

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WaPo: Google reaches record $392M privacy settlement over location data

WaPo: Google reaches record $392M privacy settlement over location data by Bryan Pietsch (“Google agreed to pay $391.5 million to 40 states to settle an investigation into its location tracking practices, a coalition of state attorneys general announced Monday. The … Continue reading

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