Category Archives: GPS / Tracking Data

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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NC: PC shown for SW for GPS monitoring device

There was probable cause shown for the search warrant for defendant’s GPS monitoring device and his house for evidence of murder. State v. Gallion, 2022-NCCOA-164, 2022 N.C. App. LEXIS 178 (Mar. 15, 2022). 2254 petitioner’s sole ground for relief is … Continue reading

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N.D.Ga.: Carpenter does not apply to GPS information yet

Defendant’s Carpenter argument against police capturing his GPS information fails. SCOTUS hasn’t ruled yet, but existing law permits it. United States v. Rogers, 2022 U.S. Dist. LEXIS 33869 (N.D.Ga. Feb. 25, 2022):

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N.D.Ala.: Officer tailing GPS from bank robbery loot had exigency

“Brown first argues that counsel provided ineffective assistance by failing to raise three specific arguments in his defense: that the arresting officer violated Brown’s Fourth Amendment rights by (1) arresting Brown outside of the officer’s Birmingham jurisdiction, (2) entering a … Continue reading

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Cal.4: GPS monitoring with a search waiver were reasonable conditions of home confinement

GPS monitoring with a search waiver were reasonable conditions of defendant’s home confinement sentence. People v. Gerson, 2022 Cal. App. LEXIS 72 (4th Dist. Jan. 28, 2022). “Although Defendant complied with Franks by (1) specifically identifying the portion of the … Continue reading

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MI: No REP in overheard jail conversations between cells recorded through intercoms

Defendants were in jail together, in separate cells 20′ apart (#1 & #4) and talking about their case through the doors’ openings. Jailers could overhear them. “When jail personnel noticed that defendants were communicating with each other by speaking loudly … Continue reading

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DE: Def counsel not ineffective for not forecasting Jones GPS case

“Because the Court will not find trial counsel ineffective for failing to ‘effectively’ raise an issue of first impression [on GPS placement], and because the Court believes that even if he had done so effectively, the issue would not have … Continue reading

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IL: Def consented to home inspections as a condition of pretrial electronic monitoring

Defendant was placed on electronic monitoring for his pretrial release in a gun case. The conditions he agreed to included home inspections necessary to determine his adherence to conditions. When the device signaled it had been tampered with, pretrial officers … Continue reading

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E.D.Ky.: Order for palmprints from indicted def requires RS

The government sought palmprints from this indicted defendant to compare to palmprints on boxes that were recovered in an investigation. The court concludes under Davis v. Mississippi (1969) and Hayes v. Florida (1985) that the standard is reasonable suspicion to … Continue reading

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M.D.Pa.: Tracking data obtained by SW is not testimonial for Crawford purposes

Tracking data on defendant’s vehicle in a stalking investigation was not testimonial for Crawford purposes, and it comes in as a business record. United States v. Miah, 2021 U.S. Dist. LEXIS 224557 (M.D.Pa. Nov. 22, 2021). A citizen complaint against … Continue reading

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CA9: State’s seeking CSLI with PC but under wrong statute not 4A violation

Probable cause was shown for CSLI before the state judge, but the state sought the order under the wrong statute. That doesn’t violate the Fourth Amendment. United States v. Fregia, 2021 U.S. App. LEXIS 32587 (9th Cir. Nov. 2, 2021). … Continue reading

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CA8: RS supported stop from GPS tracker placed with robbery loot

Defendant’s challenge to the reliability of GPS information for a stop of a robbery suspect on reasonable suspicion is rejected. He was accused of robbing a cell phone store, and a GPS tracker left with him. It was reasonable to … Continue reading

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DC: PO’s turning over supervisee’s GPS tracking to police not unreasonable

Defendant on probation in D.C. was supervised by the Court Supervision and Offender Services Agency. After he violated terms of probation, he was placed on GPS monitoring. It was not unreasonable for CSOSA to share that information with D.C. Metro … Continue reading

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DC: Probationer’s GPS records don’t need a SW

A search warrant isn’t required for police to obtain a probationer’s GPS records from the PO. United States v. Jackson, 214 A.3d 464 (D.C. 2019). Crocker v. United States, 2021 D.C. App. LEXIS 167 (July 1, 2021). The officers did … Continue reading

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IA: State constitution prohibits warrantless trash search; “Current Fourth Amendment jurisprudence is a mess.”

Finding Iowa law long recognized trespass was an unreasonable entry, the state Supreme Court holds under the state constitution that trash out for collection by the trash collector is not abandoned property, and defendant still retained a reasonable expectation of … Continue reading

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