State v. Brereton

Law enforcement officers installed a GPS device on Defendant's vehicle and monitored the vehicle pursuant to a warrant. The warrant was based on witness reports that a car matching the description of Defendant's vehicle had been seen at the locations of recent burglaries in the area. The device was installed after officers lawfully stopped Defendant and his co-defendant in the suspect vehicle. The officers then moved the vehicle to another location where the GPS device could be installed. Only days later, Defendant was arrested and charged with fourteen criminal counts. Defendant unsuccessfully moved to suppress evidence obtained through the use of the GPS device on the ground that the evidence was obtained in violation of his Fourth Amendment rights against unreasonable searches and seizures. Defendant then pled guilty to some counts. The Supreme Court affirmed the denial of Defendant's suppression motion, holding (1) the three-hour seizure of Defendant's vehicle was supported by probable cause and was thus constitutionally permissible; and (2) the technology used in conducing the GPS search did not exceed the scope of the warrant allowing GPS tracking of Defendant's vehicle. View "State v. Brereton" on Justia Law