State v. Zahn
2012 SD 19
| S.D. | 2012Background
- Police attached a GPS device to Zahn’s vehicle without a warrant, tracking its movements for 26 days.
- GPS data showed Zahn’s visits to two storage units, suggesting possession/distribution of controlled substances.
- A search warrant was obtained for the storage units and Zahn’s person, leading to seizure of marijuana and paraphernalia.
- Prior, Zahn had been arrested for DUI and found with marijuana and cash; he pled guilty to related offenses.
- The trial court denied Zahn’s suppression motion; Zahn was convicted at trial, then appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did extended GPS tracking constitute a Fourth Amendment search? | Zahn: prolonged tracking violated privacy expectations. | State: Knotts allows minimal expectations of privacy on public ways. | Yes; extended GPS tracking is a Fourth Amendment search. |
| Was a warrant required for the GPS monitoring | Warrant not obtained; monitoring unlawful. | Exigent/other exceptions may apply; monitoring limited in scope. | Yes; warrant required for extended GPS monitoring; warrantless use unlawful. |
| Should the court apply Katz or the physical trespass approach to GPS surveillance | Katz privacy expectations control extended monitoring. | Jones majority uses physical trespass approach; may not require Katz. | The GPS monitoring is a search under both tests; court applied physical trespass standard and discussed Katz. |
Key Cases Cited
- United States v. Jones, 565 U.S. 400 (U.S. 2012) (GPS monitoring of vehicle constitutes a Fourth Amendment search)
- Knotts, 460 U.S. 276 (U.S. 1983) (single-journey beeper tracking; extended monitoring not addressed)
- Maynard, 615 F.3d 544 (D.C. Cir. 2010) (concurring approach on Katz/privacy in GPS monitoring)
- Jones concurrence (Alito, J.), 565 U.S. 400 (U.S. 2012) (longer-term GPS monitoring impinges on privacy expectations)