Topic: No REP in Historical Location Data and Lack of Standing
The defendant moved to suppress the evidence seized from his residence and the statements he made to law enforcement on the basis that the search warrant obtained by the Postal Inspection Service relied on evidence that was obtained illegally. The court held that defendant does not have a reasonable expectation of privacy in the historical location data of the Yukon under the facts of this case. The court also found no evidence in the record that Prestige Motors had a policy or practice of allowing lessees to keep cars beyond the rental period and Prestige had made affirmative attempts to repossess the vehicle by activating the GPS unit to locate and disable the vehicle. Therefore, the defendant lacked standing to challenge the warrantless search of the database. The Ninth Circuit affirmed the district court’s denial of defendant’s motion to suppress.
Note: The panel declined to address the potential Fourth Amendment privacy interests that may be implicated by the warrantless use of this Automatic License Plate Recognition (ALPR) technology. This is another MOSAIC type argument.
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