{"id":61200,"date":"2025-06-04T07:49:26","date_gmt":"2025-06-04T12:49:26","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61200"},"modified":"2025-06-04T08:24:48","modified_gmt":"2025-06-04T13:24:48","slug":"nj-entering-curtilage-to-plant-gps-device-on-car-exceeded-tracking-warrant-and-was-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61200","title":{"rendered":"NJ: Entering curtilage to plant GPS device on car exceeded tracking warrant and was suppressed"},"content":{"rendered":"\n

Police had an otherwise valid warrant to install a tracking device on defendant\u2019s vehicle but in a public place. Instead, they entered the curtilage to install it there. This warrant execution violated the Fourth Amendment and state constitution. The tracking warrant is suppressed; there is no good faith exception in New Jersey. \u201cThe top of the driveway where the subject vehicle was parked was part of the curtilage of defendant’s home and was thus constitutionally protected\u2014a conclusion the State does not dispute.\u201d \u201cWe emphasize that it does not matter that the State Police did not appreciate the constitutional significance of entering onto defendant’s residential property.\u201d Also, there is no good faith exception in New Jersey. State v. Johnson<\/a>, 2025 N.J. Super. LEXIS 40 (June 3, 2025).<\/p>\n\n\n\n

2255 petitioner\u2019s unfiled Fourth Amendment claim makes no sense. Earquhart v. United States, 2025 U.S. Dist. LEXIS 105253 (E.D.N.C. June 3, 2025).* (Not exactly, but close enough.)<\/p>\n\n\n\n

2255 petitioner\u2019s Fourth Amendment claim is barred by Stone so no CoA. Bradley v. Corrigan, 2025 U.S. App. LEXIS 13511 (6th Cir. June 2, 2025).*<\/p>\n\n\n\n

Defense counsel wasn\u2019t ineffective for not filing a motion to suppress a gun defendant abandoned. United States v. Emerson, 2025 U.S. Dist. LEXIS 104983 (W.D. Okla. June 3, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Police had an otherwise valid warrant to install a tracking device on defendant\u2019s vehicle but in a public place. Instead, they entered the curtilage to install it there. This warrant execution violated the Fourth Amendment and state constitution. The tracking … Continue reading →<\/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":[19,17,23,16],"tags":[],"class_list":["post-61200","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-gps-tracking-data","category-ineffective-assistance","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61200","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=61200"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61200\/revisions"}],"predecessor-version":[{"id":61202,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61200\/revisions\/61202"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61200"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61200"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61200"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}