Red Dog

Federal criminal defense, blitzes and otherwise, in the Sixth Circuit and beyond.

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Thursday, February 13, 2014

GPS Tracking, Warrants, and Good Faith

OK, life has been moving along post-Jones

Things were good in the Third Circuit.

"The police acted in the face of unsettled law at a time when courts were becoming more attuned to the argument that warrantless GPS surveillance violated the Fourth Amendment. Excluding the evidence here will incentivize the police to err on the side of constitutional behavior and help prevent future Fourth Amendment violations. We therefore conclude that the police actions taken here do not qualify under the good faith exception and hold that the exclusionary rule should apply in this case."

United States v. Katzin, 732 F.3d 187, 214 (3d Cir. 2013).

So no good-faith exception to the warrant requirement. . . .

BUT

On December 12, 2013, the Third Circuit granted rehearing en banc.  Set for May 28, 2014.  I guess we'll just stay tuned.