Tuesday, October 15, 2013

United States v. Barraza-Maldonado, No. 12-3903 (8th Cir. Oct. 11, 2013)

--- The Eighth Circuit affirmed an order denying a defendant's motion to suppress GPS tracking information on a car that the defendant was using to smuggle cocaine from Arizona to Minnesota. The district court ruled that DEA agents were relying on settled Ninth Circuit law when, before Jones was decided, they attached a GPS tracking device to the car that the defendant would later use to transport the drugs to Minnesota. The Eighth Circuit affirmed this reasoning, holding that the agents were acting in good faith based on the state of the law in the Ninth Circuit at the time the device was attached, even though Minnesota state law had long required a warrant before attaching a GPS device to a car for law-enforcement tracking purposes.

The decision is here:



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