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Judicial Reform Second Circuit

United States Court of Appeals: 2nd Circuit

Leans Pro Government
Total Judgeships: 

13 (0 vacancies)

Political Makeup: 

8 Dem – 5 GOP

Location(s): 
New York, New York
Jurisdictions: 
Connecticut, New York, Vermont
Caseload: 

4,988

About The Court:

The Second Circuit Court was established on June 16, 1891 and is mid-sized compared to the other 12 courts of appeals. The Second Circuit has been home to many notable jurists, including Associate Justice Thurgood Marshall, who served on the U.S. Supreme Court from 1967 until his death in 1993.

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decided

Courts OK Warrantless GPS Tracking of Vehicle

Fri, 12/13/2013

United States v. Aguiar: Without a warrant, the DEA (Drug Enforcement Agency) placed a GPS-tracking device on Aguiar’s vehicle. The attained data was used to advance the investigation on defendants, support applications for wiretapping warrants, and led investigators to other evidence used in trial. Defendants sought to have the evidence suppressed, claiming the use of GPS-tracking violated defendants 4th Amendment rights. In US v. Jones, the Supreme Court declared that government installing a GPS-tracking device on a car, and using that device to collect data on the owner, does indeed constitute a search. The constitutionality of such actions with probable cause but without a warrant was not decided by the Supreme Court. In the Aguiar case, the district court dismissed defendants motion to suppress the evidence.

Decision

Circuit Court affirms district ruling; “the government’s actions in this case fall within the good-faith exception to the exclusionary rule set forth in Davis v. US.” The Circuit court denied to rule on the constitutionality of the government’s actions.

Read the full decision here

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