{"id":31419,"date":"2018-01-19T10:16:45","date_gmt":"2018-01-19T15:16:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31419"},"modified":"2018-01-19T10:39:29","modified_gmt":"2018-01-19T15:39:29","slug":"ca11-def-argued-there-was-no-authority-for-use-of-a-cell-site-simulator-to-track-him-police-had-a-tracking-warrant-issued-on-pc-and-thats-all-thats-required","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=31419","title":{"rendered":"CA11: Def argued there was no authority for use of a cell site simulator to track him; police had a tracking warrant issued on PC, and that&#8217;s all that&#8217;s required"},"content":{"rendered":"<p>Defendant was arrested coming out of a Dollar General Store, and officers smelled marijuana around his car. Even though defendant wasn\u2019t in it, the car was still \u201cmobile\u201d for automobile exception purposes, and the smell provided probable cause. Defendant also argues there was no authority for a cell site simulator to track defendant\u2019s phone. [To their credit,] They used a warrant to track him issued on probable cause. That\u2019s quite enough. [Compare F.R.Crim.P. 41(d)(1) on tracking device warrants.] <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201710626.pdf\">United States v. Ward<\/a>, 2018 U.S. App. LEXIS 1126 (11th Cir. Jan. 16, 2018).<\/p>\n<p>Tossing a cigarette pack out the window during a traffic stop was loss of any reasonable expectation of privacy in it. It landed at the second officer\u2019s feet. <a href=\"https:\/\/courts.ms.gov\/Images\/Opinions\/CO127140.pdf\">Ray v. State<\/a>, 2018 Miss. LEXIS 22 (Jan. 18, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was arrested coming out of a Dollar General Store, and officers smelled marijuana around his car. Even though defendant wasn\u2019t in it, the car was still \u201cmobile\u201d for automobile exception purposes, and the smell provided probable cause. Defendant also &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=31419\">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":[48,82,112],"tags":[],"class_list":["post-31419","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-cs-sim","category-tracking-warrant"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31419","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=31419"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31419\/revisions"}],"predecessor-version":[{"id":31423,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31419\/revisions\/31423"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31419"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31419"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31419"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}