{"id":7517,"date":"2012-08-02T10:10:18","date_gmt":"2012-08-02T10:10:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-02T10:10:18","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7517","title":{"rendered":"D.Neb.: Defense counsel was not ineffective for not raising Jones<\/em> GPS issues in 2009"},"content":{"rendered":"

Defense counsel was not ineffective for not raising Jones GPS issues in 2009 because it was novel at the time. United States v. Reaves, 2012 U.S. Dist. LEXIS 107278 (D. Neb. August 1, 2012):<\/p>\n

Reaves cannot show that counsel’s actions were unreasonable. Counsel is not deficient for raising an argument that may have had merit, but was “a wholly novel claim at the time.” Anderson v. United States, 393 F.3d 749, 754 (8th Cir. 2005).Reaves was arrested and went to trial in 2009. In 2009, neither the United States Supreme Court nor the Eighth Circuit had addressed whether GPS tracking of a cell phone constituted a search or seizure within the meaning of the Fourth Amendment. In 2012, four Justices of the United States Supreme Court noted that the availability of cell phones and other forms of technology that provide GPS information “will continue to shape the average person’s expectations about the privacy of his or her daily movements” but the Court did not, in that case, have the opportunity to consider whether GPS tracking on such technology was a search or seizure. United States v. Jones, 132 S. Ct. 945, 963 (2012) (Alito, J. concurring in judgment). In 2009, raising GPS tracking of cell phones as a search or seizure was a novel claim, and counsel was not deficient for not raising it.<\/p><\/blockquote>\n

Defendant\u2019s guilty plea waived the search issue for appeal, and defendant can\u2019t show that he would have won it if was appealed. United States v. Chandler, 2012 U.S. Dist. LEXIS 107123 (E.D. Ark. August 1, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-7517","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7517","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=7517"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7517\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7517"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7517"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7517"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}