Category Archives: GPS / Tracking Data

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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MA: GPS monitoring for probation for a sex offense didn’t serve the stated purpose and was unreasonable

Defendant was on probation for a sex offense, and the trial court ordered he wear a GPS monitor for three years as a method of enforcing an “exclusion zone” for the victim’s sake. However, the victim’s location was unknown, so … Continue reading

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E.D.N.Y.: Rental car GPS data not comparable to CSLI; it’s just third-party information

Rental car location tracking is significantly different from CSLI. It is purely third-party information. Moreover, the rental car company consented to the taking of the information. United States v. Brown, 2022 U.S. Dist. LEXIS 166119 (E.D.N.Y. Sept. 14, 2022). The … Continue reading

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DC: Tracking def off his WMATA fair card was like Knotts and reasonable

Police use of information off of defendant’s WMATA fare card first to find him to arrest him for a robbery on a train and then to place him on a train at the time of the robbery was reasonable. This … Continue reading

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D.D.C.: No REP in Facebook posting tracking information

There is no reasonable expectation of privacy in the “tracking information” of underlying data in one’s social media accounts or time and location information of postings. Moreover, Facebook post tracking information is more voluntary and not fulltime tracking like CSLI … Continue reading

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CA9: Stepping back and allowing officers to enter is consent to enter

“Given Lege’s affirmative consent and the fact that he stepped back and appeared to welcome Oster into his apartment, a reasonable officer would have concluded that he had consent to enter the apartment, …, and the district court properly concluded … Continue reading

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MS: SW for Arkansas car’s GPS was used to put it at scene of crime

Defendant’s car was registered in Arkansas and was believed to be in a shootout in Mississippi. The car was found in Arkansas. Defendant was arrested on a Mississippi warrant and a search warrant was issued for the car’s GPS to … Continue reading

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W.D.Mich.: PC shown vehicle was involved in string of robberies for GPS tracking

Probable cause supported the warrant to install a GPS tracking device on defendant’s vehicle. The government showed probable cause to believe it and he were involved in a series of cash store robberies. United States v. Rolling, 2022 U.S. Dist. … Continue reading

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NY Bronx: SDT for text message information was overbroad; SW should be sought instead

The court concludes a subpoena duces tecum to T-Mobile for text message information was overbroad. The court recommends the state apply for a search warrant instead. People v. Nelson, 2022 NY Slip Op 50630(U), 2022 N.Y. Misc. LEXIS 2968 (Bronx … Continue reading

Posted in § 1983 / Bivens, Excessive force, GPS / Tracking Data, Overbreadth, Subpoenas / Nat'l Security Letters | Comments Off on NY Bronx: SDT for text message information was overbroad; SW should be sought instead

IA: Failure to articulate why state const. applies for different result is waiver

Failure to articulate one’s argument that the state constitution requires a different result is waiver. State v. Versteegh, 2022 Iowa App. LEXIS 434 (June 15, 2022). “Here, the issuing judge reasonably concluded, based on all of the circumstances, that there … Continue reading

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D.Minn.: Tracking warrant issued without PC, but GFE still applied

There was no probable cause for the tracking warrant for defendant. But, it was not so lacking in probable cause that the good faith exception does not apply. United States v. Escudero, 2022 U.S. Dist. LEXIS 89120 (D.Minn. May 18, … Continue reading

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M.D.Ala.: Information from seller’s GPS tracker on used car didn’t require a SW

Tracking a used car by its GPS for repossession didn’t violate the Fourth Amendment. Defendant bought a used car apparently to use in a robbery. A license plate reader identified the car and the police easily tracked it back to … Continue reading

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OH2: Def had no standing to challenge pings of another’s phone

Defendant had no standing to challenge pings of another’s phone. State v. Farra, 2022-Ohio-1421, 2022 Ohio App. LEXIS 1321 (2d Dist. Apr. 29, 2022). Even a locked safe in a car is subject to the automobile exception. State v. Malone, … Continue reading

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D.N.J.: No standing in car GPS def sometimes rode in

Defendant failed to show standing to challenge seizure of the GPS in vehicles he sometimes was a passenger in. United States v. Mims, 2022 U.S. Dist. LEXIS 72333 (D.N.J. Apr. 20, 2022). There was reasonable suspicion to extend this stop … Continue reading

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Virginia Mercury: Virginia police routinely use secret GPS pings to track people’s cell phones

Virginia Mercury: Virginia police routinely use secret GPS pings to track people’s cell phones by Ned Oliver (“‘It’s as if the police tagged them with a chip under their skin’”):

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NY3: Electronic logging device requirement on large trucks reasonable under 4A

A federal interstate truck requirement of an electronic logging device on the truck, incorporated under New York statute, for GPS, speed, and an event recorder is reasonable as an administrative search under the Fourth Amendment. It tracks the truck, not … Continue reading

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