54 A.3d 1123
Del. Super. Ct.2010Background
- DEA Task Force learned Holden was a cocaine and marijuana distributor with shipments from Texas/Florida.
- GPS device attached to Holden’s white 1998 Lexus on Feb. 5, 2010, without consent or a warrant.
- GPS provided 24/7 location data; nearly three weeks passed with no corroborating facts yet.
- On Feb. 24, investigators tracked the Lexus to Carney’s Point, NJ, then observed activity at Holden’s vehicle’s location.
- Task Force stopped the Lexus via DRBA Police using GPS-tracked location; seized a duffle bag containing 10 pounds of marijuana.
- Court held that, absent exigent circumstances or a warrant, warrantless 24/7 GPS tracking violated Delaware Constitution Article I, § 6; evidence suppressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 24/7 GPS tracking violate the Delaware Constitution? | Holden argued 24/7 GPS surveillance invades privacy. | State claimed no privacy interest in travel on public highways; GPS merely augmented routine surveillance. | Yes; GPS tracking without a warrant infringes privacy under Delaware Constitution. |
| Was probable cause independent of GPS sufficient to stop the vehicle? | Probable cause not shown without GPS data; stop tainted by tracking. | GPS and informants provided probable cause; tracking justified stop. | Insufficient probable cause independent of GPS; suppression warranted. |
| Did defendant properly preserve a constitutional claim under Wallace? | Claim asserted as privacy violation under Article I, § 6. | State contends no separate constitutional basis or waived claim. | Claim properly asserted and preserved. |
| Does Delaware law permit law enforcement GPS use without a warrant? | GPS use prohibited without consent or warrant; 24/7 tracking unconstitutional. | Lawful use exception exists; travel on public roads has diminished privacy. | Delaware privacy rights protect against prolonged GPS surveillance absent exigent circumstances or probable-cause warrant. |
Key Cases Cited
- United States v. Knotts, 460 U.S. 276 (1983) (limits of Knotts regarding 24/7 surveillance; fact-specific holding)
- United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010) (prolonged GPS surveillance potentially unconstitutional)
- State v. Campbell, 306 Or. 157, 759 P.2d 1040 (Or. 1988) (GPS-like radio tracking requiring warrant absent exigent circumstances)
- People v. Weaver, 12 N.Y.3d 433, 882 N.Y.S.2d 357, 909 N.E.2d 1195 (N.Y. 2009) (GPS surveillance raises privacy concerns under state constitution)
- State v. Jackson, 150 Wash.2d 251, 76 P.3d 217 (Wash. 2003) (privacy rights under state constitution; GPS tracking scrutiny)
- Commonwealth v. Connolly, 454 Mass. 808, 913 N.E.2d 356 (Mass. 2009) (GPS monitoring as a seizure and need for probable cause/warrant)