{"id":18780,"date":"2015-09-09T09:42:55","date_gmt":"2015-09-09T14:42:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18780"},"modified":"2015-09-10T06:36:58","modified_gmt":"2015-09-10T11:36:58","slug":"tn-a-court-order-for-gps-with-pc-doesnt-have-to-be-a-search-warrant-to-be-valid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18780","title":{"rendered":"TN: A court order for GPS with PC doesn&#8217;t have to be a &#8220;search warrant&#8221; to be valid"},"content":{"rendered":"<p>The court order for a tracking device (GPS) was based on probable cause. There is no requirement that it be a \u201csearch warrant\u201d as long is it is based on probable cause and is issued by a neutral and detached magistrate. The language of the warrant for drugs was not overbroad, and the same language had been held valid in a 2010 case. \u201c\u2018The warrant does not give a particular description of any of the items authorized to be seized. The absence of a more particularized description does not make the warrant a general warrant, however, because a warrant to seize property that is illicit by reason of its character need not provide a specific description of each item to be seized.\u2019\u201d <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/lockhartvernonopn.pdf\">State v. Lockhart<\/a>, 2015 Tenn. Crim. App. LEXIS 726 (September 8, 2015). What is a \u201csearch warrant\u201d but a court order? As long as all the elements of a search warrant are met, what&#8217;s the difference? \u201cPleadings must be construed so as to do justice,\u201d FRCP 8(e), so why not court orders?<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The court order for a tracking device (GPS) was based on probable cause. There is no requirement that it be a \u201csearch warrant\u201d as long is it is based on probable cause and is issued by a neutral and detached &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=18780\">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":[17,37],"tags":[],"class_list":["post-18780","post","type-post","status-publish","format-standard","hentry","category-gps-tracking-data","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18780","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=18780"}],"version-history":[{"count":5,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18780\/revisions"}],"predecessor-version":[{"id":18790,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18780\/revisions\/18790"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18780"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18780"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18780"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}