{"id":14137,"date":"2014-11-12T07:27:55","date_gmt":"2014-11-12T12:27:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14137"},"modified":"2014-11-12T07:27:55","modified_gmt":"2014-11-12T12:27:55","slug":"ca5-since-court-upheld-warrantless-gps-before-jones-no-2255-relief","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=14137","title":{"rendered":"CA5: Since court upheld warrantless GPS before Jones, no 2255 relief"},"content":{"rendered":"<p>The Fifth Circuit upheld GPS tracking without a warrant prior to Jones, so defendant wasn\u2019t entitled to 2255 relief under Davis good faith. (The government also argued that Stone v. Powell applied, which would be true, but the court didn&#8217;t have to go there.) <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/13\/13-10264.0.pdf\">United States v. Hernandez<\/a>, 2014 U.S. App. LEXIS 21325 (5th Cir. November 7, 2014).<\/p>\n<p>The decision to frisk defendant after a traffic stop was reasonable based on his excessive nervousness, known gang affiliations, and the fact the officer had jailed him before.  United States v. Sessoms, 2014 U.S. Dist. LEXIS 158402 (E.D. N.C. October 21, 2014).*<\/p>\n<p>The owner of Bar &#038; Grill complained to the police of regularly finding drug paraphernalia on his deck. Officers came to observe and one saw \u201cmultiple quick hand to hand transactions\u201d by the defendant. As backup officers approached defendant attempted to flee. That all added up to reasonable suspicion. United States v. Jn-Baptiste, 2014 U.S. Dist. LEXIS 158778 (D. V.I. November 7, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Fifth Circuit upheld GPS tracking without a warrant prior to Jones, so defendant wasn\u2019t entitled to 2255 relief under Davis good faith. (The government also argued that Stone v. Powell applied, which would be true, but the court didn&#8217;t &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=14137\">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":[11,17,4],"tags":[],"class_list":["post-14137","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-gps-tracking-data","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14137","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=14137"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14137\/revisions"}],"predecessor-version":[{"id":14138,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14137\/revisions\/14138"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14137"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14137"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14137"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}