United States v. Dwan Taylor
2015 U.S. App. LEXIS 601
| 7th Cir. | 2015Background
- Police attached a GPS device to Taylor's car in 2011 without a warrant, informing their later actions; this occurred before Jones (2012) held GPS tracking to be a search.
- GPS data led investigators to a storage facility where Taylor rented a locker; a dog alerted to the locker area.
- A warrant was obtained to search the storage locker; fentanyl-type drugs and firearms were found, and Taylor was charged in federal court.
- Taylor moved to suppress the storage-locker evidence, arguing the GPS tracking violated the Fourth Amendment and that the warrant affidavit omitted GPS involvement.
- The district court denied suppression, applying Davis good-faith exception based on binding appellate precedent; later, Brown’s ruling clarified Davis applied to pre-Jones GPS tracking.
- On appeal, the Seventh Circuit affirmed, holding Davis good-faith exception applied and Garcia/Cuevas-Perez provided binding authority for pre-Jones GPS tracking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Davis good-faith apply to pre-Jones GPS tracking here? | Taylor argues no, relying on Garcia and Cuevas-Perez; GPS tracking was more intrusive. | Government argues Brown binds good-faith, applying pre-Jones precedent. | Yes; Davis good-faith applies. |
| Is Brown controlling to establish good-faith reliance despite differences from Garcia/Cuevas-Perez? | Taylor contends Brown is narrow and not applicable to this extent. | Government asserts Brown affirmatively supports reliance on pre-Jones GPS precedent. | Yes; Brown controls for pre-Jones GPS tracking. |
| Was the storage-locker search warrant valid given omitted GPS facts and location context? | Omission and private-property location undermine probable cause/accuracy. | Warrant affidavit sufficiently linked investigation; cooling off on omission claim given good-faith reliance. | Yes; warrant validity upheld under good-faith framework. |
Key Cases Cited
- United States v. Knotts, 460 U.S. 276 (U.S. 1983) (beeper tracking not a Fourth Amendment search)
- United States v. Karo, 468 U.S. 705 (U.S. 1984) (beeper installation not a search when owner consents)
- United States v. Garcia, 474 F.3d 994 (7th Cir. 2007) (GPS installation not within Fourth Amendment; location data not a search)
- United States v. Cuevas-Perez, 640 F.3d 272 (7th Cir. 2011) (GPS tracking not a Fourth Amendment search; pre-Jones binding)
- United States v. Brown, 744 F.3d 474 (7th Cir. 2014) (Davis good-faith applies to pre-Jones GPS tracking; binding precedent)
- Davis v. United States, 131 S. Ct. 2419 (Sup. Ct. 2011) (good-faith exception to suppression when reliance on binding appellate precedent)