The Fourth Amendment is alive and well. The 3rd Circuit Court of Appeals in Philadelphia has ruled here that the government needs a warrant for GPS tracking.
In United States v. Bennett, the Fourth Circuit held that Tapia v. United States, a case in which the US Supreme Court held that a federal court cannot give a criminal defendant a longer sentence to promote rehabilitation, applies to revocation proceedings. Here’s what Amy Winehouse had to say about that.
In US v. Gaines, the Fourth Circuit addressed the Government’s appeal from the District Court’s order granting Mr. Gaines’ motion to suppress. Specifically, the District Court suppressed a firearm seized by police following an unlawful stop of a vehicle in which he was a passenger. The district court suppressed the gun on the basis that it was “fruit of the poisonous tree,” while the Government maintains that intervening events, and resisting arrest committed by Gaines, purged the illegality of the stop and rendered the firearm admissible. The Court affirmed the district court’s order granting the motion to suppress.
In this appeal involving a district judge and a defense lawyer held in contempt for tardiness, the Fourth Circuit found plain error and some sympathy.