Category Archives: GPS / Tracking Data

CA9: Electronic monitoring condition of pretrial release was essentially a contract between def and court, thus consent

The Superior Court of San Francisco imposes electronic monitoring as a condition of pretrial release. Because it’s essentially a contract between the defendant and court, it’s consent to EM for release. It also does not violate state separation of powers. … Continue reading

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CA9: No REP in data in planted GPS device

Downloading data from a planted GPS device violated no reasonable expectation of privacy. McNeely v. Loeschner, 2025 U.S. App. LEXIS 9537 (9th Cir. Apr. 22, 2025). The facts of the planted device are below: McNeely v. City of Sparks, 2024 … Continue reading

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Bloomberg Law: Bootleggers, Cops, and Cars: How Driving Became a Privacy Trap

Bloomberg Law: Bootleggers, Cops, and Cars: How Driving Became a Privacy Trap by Cassandre Coyer, Tonya Riley & Jorja Siemons about automatic license plate readers in Norfolk VA. A subheading: “Data a Modern Car Can Collect”:

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MD: A search warrant for a car’s GPS system

A search warrant for a car’s GPS system: “Officers also executed a ‘Berla warrant’2 to extract navigation data from the car’s GPS system. The navigation data showed that, on the morning of the shooting, the Maserati left Oak Haven Circle … Continue reading

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MO: GPS monitoring of a sex offender after release was reasonable

F.S.’s expectation of privacy is diminished as a convicted felon and registered sex offender, and the GPS monitoring’s intrusion on her privacy is slight. The state has a legitimate interest in protecting children and other potential victims from sex crimes. … Continue reading

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VI: GPS monitoring for pretrial release can be reasonable; here it was consented to as well

The VI code and rules of criminal procedure provide for electronic monitoring as a condition of pretrial release. GPS tracking is a search and involves a person’s reasonable expectation of privacy and would be reasonable if justified. Here it was … Continue reading

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TX1: GPS installed by dealer in a used car was owned by dealer and was not comparable to CSLI

Defendant bought a used car that the dealer had GPS installed in if necessary to recover it. The police accessed that information without a warrant to connect him to a murder. The contract for the vehicle told defendant about the … Continue reading

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D.Me.: State mandated GPS tracking of lobster boats reasonable under closely regulated business exception

Under the closely regulated business exception, the State of Maine can require lobsterman to have GPS tracking on their boats. (It’s an important question and the plaintiffs are urged to appeal to the First Circuit.) Thompson v. Keliher, 2024 U.S. … Continue reading

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LA Times: L.A. man wearing GPS ankle monitor is accused of a robbery spree. Officials can’t track him

LA Times: L.A. man wearing GPS ankle monitor is accused of a robbery spree. Officials can’t track him by Matthew Ormseth (“A 19-year-old Los Angeles man was arrested five times in five months, including for robberies that he is suspected … Continue reading

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mashable: Police may track you to an abortion clinic with this tool, report shows

mashable: Police may track you to an abortion clinic with this tool, report shows by Matt Binder (“An inside look at the tool, Locate X, found just how closely it could track users.”)

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CA6: Realtime ping information didn’t require a warrant

“Perry first challenges the validity of the search warrants for call and location data from his two cellphones. Law-enforcement officers generally need a warrant to conduct a ‘search’ that intrudes upon a person’s reasonable expectation of privacy. … But a … Continue reading

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GA: Car GPS reported to dealer, and officer got SW for the GPS data

Defendant’s car GPS snitched him off to the dealer where the officers got the ping information. “The Cobb detective also discovered that the Camry had a GPS system that pinged its location to the dealership, and she obtained a search … Continue reading

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NC: Warrant not needed to access data from GPS for post-conviction supervision

The data generated from the GPS attached to defendant as part of his post-conviction supervision can be accessed by law enforcement without a warrant. State v. Thomas, 2024 N.C. App. LEXIS 687 (Sep. 3, 2024). The Tenth Circuit has made … Continue reading

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CA4: GPS monitoring for first six months of supervised release was not abuse of discretion [subtext: seems reasonable]

Six months of GPS monitoring of defendant on supervised release was tailored to him and not an abuse of discretion. It was a burden, but those on supervised release have far diminished expectations of privacy. United States v. Ellis, 2024 … Continue reading

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CA4: No REP in one’s Google location data

There is no reasonable expectation of privacy in one’s Google location data. It’s willingly shared with Google. United States v. Chatrie, 2024 U.S. App. LEXIS 16692 (4th Cir. July 9, 2024) (2-1):

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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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