{"id":4462,"date":"2011-01-26T01:15:21","date_gmt":"2010-07-22T08:33:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-22T08:33:17","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4462","title":{"rendered":"CA11: Planting GPS on SUV did not implicate Rule 41(b)(4)"},"content":{"rendered":"<p>Defendant had no reasonable expectation of privacy in placement of a GPS on the exterior of his SUV, so <a href=\"http:\/\/www.law.cornell.edu\/rules\/frcrmp\/Rule41.htm\">Rule 41(b)(4)<\/a> does not apply, even if it could because state officers put it there in a state investigation. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/200916168.pdf\">United States v. Smith<\/a>, 387 Fed. Appx. 918 (11th Cir. 2010):<\/p>\n<blockquote><p>Although not applicable to a local police investigation conducted without federal involvement, see United States v. Lehder-Rivas, 955 F.2d 1510, 1522 (11th Cir. 1992), Federal Rule of Criminal Procedure 41(b)(4)  establishes the federal procedure for obtaining a warrant to install a tracking device. The 2006 Amendment Notes to the rule clarify that \u201cif the officers intend to install or use the device in a constitutionally protected area, they must obtain judicial approval to do so.\u201d Id. \u201cIf, on the other hand, the officers intend to install and use the device without implicating any Fourth Amendment rights, there is no need to obtain the warrant.\u201d Id. In United States v. Michael, 645 F.2d 252 (5th Cir. 1981) (en banc), we held that the placement of an electronic tracking device on the exterior of the defendant&#8217;s vehicle when it was parked in a public parking lot did not violate his Fourth Amendment rights. Id. at 255-56  (\u201c[W]e hold that the minimal intrusion involved in the attachment of a beeper to Michael&#8217;s van, parked in a public place, was justified so as to satisfy any of Michael&#8217;s fourth amendment expectation of privacy concerns.\u201d).<\/p>\n<p>Smith&#8217;s argument that the installation of the GPS device violated his Fourth Amendment rights fails because the Escalade was parked in a place easily accessible to the public and was reachable from a public thoroughfare. Smith had no reasonable expectation of privacy with respect to the exterior of the vehicle.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=4462\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4462","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4462","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4462"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4462\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4462"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4462"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4462"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}