United States v. Hernandez
2011 U.S. App. LEXIS 14659
5th Cir.2011Background
- DEA investigated Angel Hernandez for drug trafficking in Dallas; truck registered to Angel was primary vehicle.
- In Feb 2008 a DEA agent attached a GPS tracker to the truck under Angel’s residence without a warrant.
- The device was a slap-on GPS that pinged location at intervals (15 minutes to 2 hours) and lacked precise internal access.
- Two days later, intercepted calls linked Hernandez to driving the truck for a drug transaction in California.
- Agents tracked Hernandez to California using the GPS, observed him loading drugs, and later obtained 20 pounds of methamphetamine from a vehicle search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge GPS placement and use | Hernandez has standing to challenge use, but not placement. | Hernandez lacks standing to challenge both placement and use. | Hernandez lacks standing to challenge placement; standing to challenge use exists. |
| Whether GPS use was a Fourth Amendment search/seizure | Use of GPS was an unconstitutional search warrantless in violation. | GPS tracking is non-search under Fourth Amendment; permissible. | GPS use was not a search; warrantless tracking did not violate the Fourth Amendment. |
Key Cases Cited
- Rakas v. Illinois, 439 U.S. 128 (Supreme Court 1978) (standing requires a legitimate, personal expectation of privacy)
- Minnesota v. Carter, 525 U.S. 83 (Supreme Court 1998) (standing based on personal privacy interests, not mere ownership)
- United States v. Lee, 898 F.2d 1034 (5th Cir. 1990) (borrower of a vehicle has standing to challenge its search)
- United States v. Michael, 645 F.2d 252 (5th Cir. 1981) (warrantless beeper surveillance in drug case; limited intrusion)
- United States v. Knotts, 460 U.S. 276 (Supreme Court 1983) (beeper monitoring not a search)
- United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010) (aggregated GPS monitoring distinguished from trip-by-trip use)
- United States v. Karo, 468 U.S. 705 (Supreme Court 1984) (seizure and property interference concepts in GPS context)
- United States v. Rascon-Ortiz, 994 F.2d 749 (10th Cir. 1993) (undercarriage inspection not a search)