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Criminal Law

: Fourth Amendment

GPS planted on car corroborated CI

By John Wesley Hall, Jr.

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Stop of defendant's vehicle was with probable cause. The CI told the officer that defendant drove from Washington to California twice a month to pickup meth and he was leaving October 17th. On the night of October 16th, the officer placed a GPS device on his car, and the readings from the GPS corroborated the informant. Then a dog alerted on the vehicle, too. United States v. Hernandez-Vargas, 2009 U.S. Dist. LEXIS 23109 (W.D. Wash. March 11, 2009). Defense counsel was not ineffective for not challenging the defendant's and his co-conspirator surreptitiously recorded conversation in the back of the police car where defendant chastised his co-conspirator for not keeping his story straight, that failure leading to the officer believing that there was reasonable suspicion because of their conflicting stories...continue to full post

Full post as published by Fourth Amendment on March 27, 2009 (boomark / email).

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