{"id":12848,"date":"2014-08-06T07:42:04","date_gmt":"2014-08-06T12:42:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12848"},"modified":"2014-08-06T07:42:04","modified_gmt":"2014-08-06T12:42:04","slug":"d-neb-cell-phone-gps-location-was-obtained-by-court-order-under-%c2%a7-2703-so-gfe-applies","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12848","title":{"rendered":"D.Neb.: Cell phone GPS location was obtained by court order under \u00a7 2703 so GFE applies"},"content":{"rendered":"<p>Cell phone GPS location data was obtained by HSI with a court order on probable cause. While it wasn\u2019t under Rule 41, it was clearly covered by good faith under \u00a7 2703. United States v. Garcia, 2014 U.S. Dist. LEXIS 106394 (D. Neb. August 4, 2014).<\/p>\n<p>Defendant was walking with \u201cB\u201d whom the officers knew there was an arrest warrant out for. The officers told both to stop and they didn\u2019t. There was no reasonable suspicion as to defendant at all until he fled with B and dropped a bag of drugs. The seizure was thus lawful. <a href=\"http:\/\/www.jud.state.ct.us\/external\/supapp\/Cases\/AROcr\/CR313\/313CR108.pdf\">State v. Kelly<\/a>, 2014 Conn. LEXIS 263 (August 12, 2014).*<\/p>\n<p>Officers received information that defendant was a felon in possession of a shotgun and that he\u2019d threatened somebody with it. Another officer saw his vehicle while running radar and noted traffic violations and stopped him. The stop was lawful for that alone, but there was also reasonable suspicion he was armed in violation of the law. The gun was lawfully seized. United States v. Harken, 2014 U.S. Dist. LEXIS 105984 (N.D. Iowa August 1, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Cell phone GPS location data was obtained by HSI with a court order on probable cause. While it wasn\u2019t under Rule 41, it was clearly covered by good faith under \u00a7 2703. United States v. Garcia, 2014 U.S. Dist. LEXIS &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12848\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,17,35],"tags":[],"class_list":["post-12848","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-gps-tracking-data","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12848","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12848"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12848\/revisions"}],"predecessor-version":[{"id":12849,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12848\/revisions\/12849"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12848"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12848"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12848"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}