{"id":9096,"date":"2013-12-05T08:20:14","date_gmt":"2013-07-21T02:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-07-20T11:35:21","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9096","title":{"rendered":"GA: Court ordered GPS installed without any PC suppressed"},"content":{"rendered":"

State officials got a court ordered GPS installed on defendant\u2019s car, and the court finds that it was installed utterly without probable cause. Motion to suppress should have been granted. Hamlett v. State<\/a>, 323 Ga. App. 221, 746 S.E.2d 843 (2013):<\/p>\n

<\/p>\n

Further, as for the affidavit’s assertion that the GPS device could \u201clead [the] Police to the arrest of Jalim,\u201d the affidavit itself shows that there was already a seven-month-old outstanding arrest warrant for Jalim, and it gave his home address. Thus, the State clearly had the necessary information and a sufficient basis for effecting the arrest of Jalim before the detective even executed the affidavit.<\/p>\n

Under these circumstances, we conclude that the detective’s affidavit failed to provide a sufficient basis from which the Cobb County court could find the probable cause necessary to authorize the State’s surreptitious and non-consensual installation and monitoring of the GPS tracking device. See State v. Brantley, 264 Ga. App. at 153-155 (After noting that \u201ctime is assuredly an element of the concept of probable cause\u201d because, \u201c[i]f the prior circumstances relied on to establish probable cause have grown stale with time, they are unlikely to provide a reliable barometer of present criminal conduct,\u201d this Court concluded that a search warrant for the defendant’s home was not supported by probable cause when two months had passed since the crime for which he was being investigated had occurred.) (citation and punctuation omitted).<\/p>\n

It follows that the trial court erred in denying the appellants’ motion to suppress all evidence that was seized as a result of the illegal use of the GPS device. … <\/p><\/blockquote>\n

This case demonstrates another example of an issuing magistrate deferring to the police and not doing his or her job in reviewing probable cause. You’re a judicial officer, for God’s sake, not a high-paid rubber stamp.<\/p>\n

Back to blog<\/a><\/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-9096","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9096","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=9096"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9096\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9096"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9096"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9096"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}