Category Archives: GPS / Tracking Data

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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CA8: GPS info can provide RS as to def’s location whether or not it’s admissible at trial

GPS information as to defendant’s location can be reasonable suspicion despite defendant’s claims it might not be admissible at trial. United States v. Martin, 2021 U.S. App. LEXIS 16822 (8th Cir. June 7, 2021):

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CA11: Monitoring a lawfully placed GPS device on a car is not a separate search under Knotts

Monitoring a lawfully placed GPS device on a car is not a separate search. It is lawful under Knotts, well before CSLI. United States v. Howard, 2021 U.S. App. LEXIS 15856 (11th Cir. May 27, 2021). The affidavit for the … Continue reading

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N.D.Ga.: PC shown for cell phone and geo-location data

“The Geo-Location Warrant was supported by probable cause because the affidavit established ‘a connection between the defendant and the location to be searched; a link between the location and criminal activity; and the informant’s veracity and basis of knowledge.’” There … Continue reading

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CA11: Assuming geo-location info for def’s cell phone was illegally obtained, it was harmless BRD

“We assume without deciding that the district court erred in allowing the admission of the Google geo-location data during trial because it amounted to fruit of the poisonous tree, and no exception applied. Nevertheless, Pendergrass is not entitled to a … Continue reading

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E.D.Mo.: Constitutionality of window tint statute doesn’t have anything to do with PC for a stop for overtinting

Even if Missouri’s window tint statute was unconstitutional, something in doubt, it wouldn’t have any affect on the reasonableness of defendant’s stop for violating it, and the exclusionary rule would not apply. Factually, the officer said he couldn’t see into … Continue reading

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E.D.Mo.: Mistaken identity stop was reasonable and led to plain view

The mistaken identity stop of defendant was reasonable on the totality, and, when a blunt fell to the ground, there was probable cause to go further. United States v. Smith, 2021 U.S. Dist. LEXIS 71223 (E.D. Mo. Mar. 26, 2021). … Continue reading

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DE: Exclusionary rule not designed to prohibit extra-territorial GPS tracking with warrant

In this post-conviction case, defense counsel didn’t raise the question of extraterritorial monitoring of a warrant installed GPS device. It was installed in 2015 [post-Jones] to track defendant who was an accomplished [except for getting caught] burglar. The court doesn’t … Continue reading

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VICE: Cars Have Your Location. This Spy Firm Wants to Sell It to the U.S. Military

VICE: Cars Have Your Location. This Spy Firm Wants to Sell It to the U.S. Military by Joseph Cox (“15 billion car locations. Nearly any country on Earth. ‘The Ulysses Group’ is pitching a powerful surveillance technology to the U.S. … Continue reading

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W.D.Mo.: No co-conspirator standing in GPS cell phone tracking

One co-conspirator has no standing in GPS tracking of his co-conspirator’s cell phone. The officers also had probable cause to search their car based on: knowledge they were cell phone store burglars, a Snapchat video with defendants having numerous cell … Continue reading

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