CA9: Mandated GPS tracking of e-scooters not 4A violation

The City of Los Angeles e-scooter ordinance requires the scooters to have GPS and provide real time tracking information. This is classic third-party data, and there is no reasonable expectation of privacy of scooter users in that information. Sanchez v. Los Angeles Dep’t of Transp., 2022 U.S. App. LEXIS 13821 (9th Cir. May 23, 2022).

Tackling an unarmed and unresisting person suspected of a robbery breaking his hip could be found by a jury to be unreasonable. “Although plaintiff was suspected of a serious crime, viewing the evidence in his favor, the detectives knew that he was not armed and was not posing an immediate threat to anyone as he exited the courthouse. Under these circumstances, a reasonable jury could find that the degree of force used against plaintiff violated his Fourth Amendment right against excessive force, and the detectives were not entitled to summary judgment on the question of whether they committed a constitutional violation.” Andrews v. City of Henderson, 2022 U.S. App. LEXIS 13809 (9th Cir. May 23, 2022).*

On the totality, the officer had reasonable suspicion from the inability of defendants to provide basic information about themselves and each other. There was voluntary consent to search the car. United States v. Gonzalez-Carmona, 2022 U.S. App. LEXIS 13908 (8th Cir. May 24, 2022).*