News

D.Nev.: Pre-Jones GPS surveillance still not excluded under Davis "exception" to exclusionary rule

FourthAmendment.com - News - Mon, 2026-05-04 13:20

GPS surveillance in the Ninth Circuit was under binding precedent before Jones, so Davis applies. United States v. Fata, 2012 U.S. Dist. LEXIS 66759 (D. Nev. March 15, 2012):

Consequently, even assuming non-compliance with ATF regulations, the Court finds that use of the GPS device in this case was lawful under Pineda-Moreno at the time it was installed and monitored.

Further, consistent with the Supreme Court's decision in Davis v. United States, 131 S. Ct. 2419 (2011), the Court finds that the purpose of the exclusionary rule would not be served in this instance by suppression based solely on placement of the GPS device because placement of the GPS device and the subsequent monitoring was done in reasonable reliance on then binding appellate precedent as announced in Pineda-Moreno.

As a result of the Court's finding and the decision in Davis, even though the installation and use of the GPS device to assist agents in initiating their surveillance on May 14, 2011 through May 15, 2011 did violate Defendants' Fourth Amendment rights, none of the information obtained as a result thereof is subject to suppression. In particular, the surveillance evidence obtained by agents on May 15, 2011, when they observed and overheard conversations during the purchases of firearms at the Gun Store and the gun show will not be suppressed.

S.D.Ohio: Overturned vehicle was subject to inventory and contents were in plain view

FourthAmendment.com - News - Mon, 2026-05-04 13:20

Officers responded to a one vehicle accident and found an Escalade on its side in the road. The vehicle had to be towed, so the inventory was lawful. Besides that, the officer saw a gun in the car and one of the occupants dropped a baggy of drugs when the police showed up. United States v. Brown, 2012 U.S. Dist. LEXIS 66880 (S.D. Ohio May 14, 2012).*

The affidavit for the search warrant here was “bare-boned” and “slim” but barely sufficient to show probable cause and have the benefit of the good faith exception. United States v. McIrby, 2012 U.S. Dist. LEXIS 66946 (S.D. Ala. May 14, 2012)*:

Analyzing the affidavit under the totality of the circumstances, the court finds that the information contained in the warrant, although slim, is sufficient to establish probable cause. The affidavit does not offer evidence of the informant's history of reliability. However, while such information is relevant to a probable cause determination, it is not required to be set forth in the affidavit if there is other evidence under the totality of the circumstances to support a probable cause finding.

VIDEO: London's new cable car is tested

BBC - News - Mon, 2026-05-04 13:20
Testing is under way of London's newest form of transport - a gondola lift cable car across the River Thames.
Categories: BBC, News

Brooks anger at hack probe charge

BBC - News - Mon, 2026-05-04 13:20
Rebekah Brooks expresses anger after being charged with conspiracy to pervert the course of justice as part of the phone-hacking inquiry.
Categories: BBC, News

US sets goal to tame Alzheimer's

BBC - News - Mon, 2026-05-04 13:20
The US launches a national plan to tackle Alzheimer's, as estimates show 16 million people will be affected by dementia by 2050.
Categories: BBC, News

Cameron 'not fussed' on poll date

BBC - News - Mon, 2026-05-04 13:20
Prime Minister David Cameron appears to have made a major concession on the timing of a referendum on Scottish independence.
Categories: BBC, News

NM Gov. criticizes Romney stance on immigration

AP - Politics - Mon, 2026-05-04 13:20
SANTA FE, N.M. (AP) -- New Mexico Gov. Susana Martinez, a Republican often mentioned as a potential vice presidential candidate but who repeatedly has denied interest, has criticized fellow Republican Mitt Romney's stance on immigration....

NM Gov. criticizes Romney stance on immigration

AP - Politics - Mon, 2026-05-04 13:20
SANTA FE, N.M. (AP) -- New Mexico Gov. Susana Martinez, a Republican often mentioned as a potential vice presidential candidate but who repeatedly has denied interest, has criticized fellow Republican Mitt Romney's stance on immigration....

Shift on marriage energizes immigration activists

AP - Politics - Mon, 2026-05-04 13:20
ALBUQUERQUE, N.M. (AP) -- President Barack Obama's shift to support gay marriage is energizing young Hispanic voters who have been working side-by-side with gay activists in their push for immigration reform. The alliance has been growing nationwide and helping dispel what many say is an outdated notion that Hispanics are less tolerant of gays than the general public....

M.D.Fla.: Monitoring a package with beeper and GPS pre-Jones but only when it was briefly in a public place was reasonable

FourthAmendment.com - News - Mon, 2026-05-04 13:20

A UPS package from Mexico to Florida was inspected at the UPS de facto border checkpoint at its Louisville hub, and it was found to have cocaine. A controlled delivery was arranged for the Florida address with an anticipatory search warrant. The package was equipped with a beeper to alert to when it was opened and a GPS. First, the defendant’s name was nowhere on the package as shipper or recipient, so he lacked “standing.” Second, the package was lawfully opened under the border exception. Third, the monitoring of the packages with the beeper and GPS occurred while the vehicle was in a public place. Finally, the officers had probable cause to stop and search the car. United States v. Arrendondo, 2012 U.S. Dist. LEXIS 66919 (M.D. Fla. May 14, 2012):

The facts of this case are more closely aligned with Karo and United States v. Knotts, 460 U.S. 276 (1983) than with Jones. In Karo, the government came into physical contact with the container before it belonged to the defendant. "The transfer of the container with the unmonitored beeper inside did not convey any information and thus did not invade Karo's privacy." Jones, 132 S. Ct. at 952 (citing Karo, 468 U.S. at 712). Jones found that the conclusion was "perfectly consistent with the one we reach here. Karo accepted the container as it came to him, beeper and all, and was therefore not entitled to object to the beeper's presence, even though it was used to monitor the container's location." Jones, 132 S. Ct. at 952. Unlike Jones, no law enforcement officer trespassed on defendant's vehicle to install a tracking device. Indeed, law enforcement officers did nothing to place the package in the vehicle. The package was simply delivered to the mobile home according to the instructions given by defendant or a conspirator to UPS, and the conduct of the conspirators was allowed to take its natural course.

Karo did hold, however, that some monitoring of the tracking device required a warrant under the Fourth Amendment. The Court held that the monitoring of a beeper in a location not open to visual surveillance (there a residence) violated the Fourth Amendment rights of those who had a justifiable interest of privacy in the location. Karo, 468 U.S. at 714-18. Here, the beepers were monitored only while the Toyota was moving in public places subject to lawful visual surveillance. Therefore, the monitoring did not violate the Fourth Amendment.

Tymoshenko appeal delayed again

BBC - News - Mon, 2026-05-04 13:20
The trial of jailed Ukraine opposition leader Yulia Tymoshenko is delayed until late June after the prosecution is granted more time.
Categories: BBC, News

Baby's quick birth in bathroom

BBC - News - Mon, 2026-05-04 13:20
A young couple deliver their baby at home in Wakefield after a labour lasting just eight minutes.
Categories: BBC, News

Murray beats battling Nalbandian

BBC - News - Mon, 2026-05-04 13:20
Andy Murray overcomes David Nalbandian 6-1 4-6 7-5 to make it into the third round of the Masters series event in Rome.
Categories: BBC, News

Bogota hit by deadly explosion

BBC - News - Mon, 2026-05-04 13:20
An explosion targeting a former minister in the Colombian capital Bogota kills at least two people and injures dozens more.
Categories: BBC, News

Club chairman pledges commitment

BBC - News - Mon, 2026-05-04 13:20
The chairman of Cardiff City FC pledges commitment by himself and its major investor to the club after emerging from key talks on its future.
Categories: BBC, News

W.D.Mo.: Unlocated gun in domestic dispute justified entry

FourthAmendment.com - News - Mon, 2026-05-04 13:20

Officers responded to a domestic dispute where the defendant felon was alleged to have used a gun in an assault on the other in the house. He came to the door to talk to the officers, but the gun was in the couch. That was exigency enough to enter where the officers feared he might break for the gun. United States v. Ward, 2012 U.S. Dist. LEXIS 66824 (W.D. Mo. April 16, 2012).*

Probable cause and exigent circumstances supported the entry into the defendant’s apartment. While the police were outside, the heard voices of the people they knew were in there. Defendant was wanted but not yet found. United States v. Ashbourne, 2012 U.S. Dist. LEXIS 66985 (E.D. Mich. May 14, 2012).*

The USMJ found the traffic stop and detention was justified by reasonable suspicion. On review, the USDJ finds that the officers did not create exigent circumstances–their investigation was appropriate. United States v. Dunn, 2012 U.S. Dist. LEXIS 66427 (W.D. Tenn. May 13, 2012), adopting 2012 U.S. Dist. LEXIS 66977 (W.D. Tenn. March 27, 2012).*

EU navy, helicopters strike pirate supply center

AP - World News - Mon, 2026-05-04 13:20
MOGADISHU, Somalia (AP) -- European Union naval forces in attack helicopters conducted their first onshore raid on a suspected pirate lair in Somalia Tuesday. A pirate said the strike destroyed a supply center and set back their operations....

Groom hunted after bride's death

CNN - Top Stories - Mon, 2026-05-04 13:20
Groom wanted after bride found dead in bathtub Police are looking for the husband of a bride who was found stabbed to death in her bathtub. She was still in the sequined cocktail dress she wore to her reception.
Categories: CNN, News

Lightning hits French president's plane, none hurt

AP - World News - Mon, 2026-05-04 13:20
PARIS (AP) -- Socialist Francois Hollande took over as France's president Tuesday and jetted off to Berlin hours later for talks on Europe's debt crisis - only to have his plane struck by lightning. No one was hurt....
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