{"id":64135,"date":"2026-05-30T05:27:52","date_gmt":"2026-05-30T10:27:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64135"},"modified":"2026-05-30T05:27:52","modified_gmt":"2026-05-30T10:27:52","slug":"caaf-gfe-applies-to-cell-phones-geolocation-data-because-of-substantial-basis-for-the-search-authorization","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64135","title":{"rendered":"CAAF: GFE applies to cell phone&#8217;s geolocation data because of substantial basis for the search authorization"},"content":{"rendered":"\n<p>Defendant Air Force enlisted man at a base in Italy was convicted of burglary and entering quarters with the intent to assault and photograph what was an AFOSI, where his victim beat him up in the act. Geolocation data from his phone was sought and used. There was a substantial basis for the search authorization, so the good faith exception of M.R.E. 311(c)(3) applies. [It almost suggests geolocation data could have been harmless error, since defendant was arrested shortly after the act.] <a href=\"https:\/\/www.armfor.uscourts.gov\/opinions\/2025OctTerm\/250202.pdf\">United States v. Johnson<\/a>, 2026 CAAF LEXIS 464 (C.A.A.F. May 26, 2026).<\/p>\n\n\n\n<p>The statutory right to consult with counsel before a DUI breath test doesn\u2019t guarantee that it will be flawless. Here, defendant had that opportunity. The right to consult is not founded on the Fourth Amendment or the state constitution. State v. Eaton, 2026 VT 14 (May 1, 2026).*<\/p>\n\n\n\n<p>Bivens provides no remedy for a suit against OFAC. There are other remedies. Bal v. U.S. Dep&#8217;t of the Treasury&#8217;s Office of Foreign Assets Control, 2026 U.S. App. LEXIS 14864 (2d Cir. May 26, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant Air Force enlisted man at a base in Italy was convicted of burglary and entering quarters with the intent to assault and photograph what was an AFOSI, where his victim beat him up in the act. Geolocation data from &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=64135\">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":[45,14,11],"tags":[],"class_list":["post-64135","post","type-post","status-publish","format-standard","hentry","category-45","category-exclusionary-rule","category-good-faith-exception"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64135","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=64135"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64135\/revisions"}],"predecessor-version":[{"id":64136,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64135\/revisions\/64136"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64135"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64135"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64135"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}