Kelly v. State
208 Md. App. 218
Md. Ct. Spec. App.2012Background
- Appellant Wesley Torrance Kelly was convicted in two counties for burglary and theft, with appeals consolidated.
- Police attached a GPS device to the exterior of Kelly’s Trailblazer on April 2, 2010, located on a public street, and monitored data through April 12, 2010.
- Evidence challenged as obtained via the GPS device without a warrant; Jones (2012) held GPS placement is a search, but the court applied good faith exception.
- Warrant applications followed, based on information gathered before and after GPS placement, resulting in searches of the vehicle, residences, and pawn shops and subsequent incriminating evidence.
- Howard County and Anne Arundel County suppression hearings addressed whether the GPS-augmented evidence should be suppressed.
- The court affirmed the judgments, applying the Davis good-faith exception to the GPS-tracking evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the GPS device placement was a search under the Fourth Amendment. | Kelly argues the device was a warrantless search. | State contends good faith reliance on precedent and the independent-source doctrine justify admission. | Yes, it was a search, but good faith exception applies. |
| Whether the good-faith exception to the exclusionary rule applies to the GPS evidence. | Pre Jones, there was no binding Maryland precedent approving GPS placement. | Maryland statutes and prior precedent (Knotts/Stone) justify reliance; Jones does not foreclose good faith. | Good faith exception applies; suppression denied. |
| Whether independent-source or taint from GPS taints the later warrants. | Evidence tainted by GPS placement should be excluded. | Independent-source warrants supplied probable cause; taint cured by future information. | Not necessary to decide further; good faith suffices to admit evidence. |
| Whether Jones applies retroactively or to these preexisting investigations. | Jones applies and requires suppression. | Jones applies to these cases; good-faith exception preserves admissibility. | Jones applies; good-faith analysis governs outcome. |
Key Cases Cited
- United States v. Jones, 132 S. Ct. 945 (2012) (GPS placement on vehicle as search; controlling fact-pattern for Fourth Amendment analysis)
- Knotts, 460 U.S. 276 (1983) (beeper tracking; movement on public roads not a Fourth Amendment violation)
- Davis v. United States, 131 S. Ct. 2419 (2011) (good-faith exception to exclude evidence obtained under binding precedent)
- Stone v. State, 178 Md. App. 428 (2008) (Knotts-based rationale; cross-examination on beeper/GPS allowed limitations)
- Belton, 453 U.S. 454 (1981) (bright-line rule for searches incident to arrest of vehicle occupants; container scope)