A blog of the Philadelphia Bar Association’s Criminal Justice Section

By Burt Rose

In UNITED STATES OF AMERICA v. JUAN MANUEL CUEVAS-PEREZ, Appellant, No. 10-1473, 2011 WL 1585072 (4/28/11), by a 2-1 vote, a panel of the 7th Cir. Court of Appeals approved the police use, without a search warrant, of a GPS tracker that transmitted at four minute intervals information about the vehicle’s location to a central monitoring office for 60 hours. Two other circuits have reached the same conclusion: United States v. Marquez, 605 F.3d 604, 609-10 (8th Cir. 2010) and United States v.Pineda-Moreno, 591 F.3d 1212, 1217 (9th Cir. 2010). But see United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010)(contrary conclusion). The dissent was written by Judge Wood, who agreed with the Maynard ruling.

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