Monday, March 18, 2013

Case Prep (all briefs & materials): US v. Katzin - GPS case before Third Circuit on Tuesday 3/19/13

Tomorrow (3/19/13), the Third Circuit is set to hear oral arguments in US v. Katzin, No. 12-2548,  a GPS tracking case the government appealed after a federal district court ruled (post-Jones) that the good faith exception did not apply to the conduct in this case because, inter alia, there was no Third Circuit precedent allowing warrantless GPS tracking to begin with but merely a disagreement between other circuits.

First, for some background, Jeffrey has mentioned this case more than once. His relevant posts can be found here:

Government appeals GPS case to Third Circuit; groups file amicus arguing that warrant is required (about Katzin itself)

District court okays warrantless pre-Jones GPS use, holds that good faith rule doesn't require binding precedent (about United States v. Baez, another GPS tracking case where evidence was not suppressed; it includes a discussion of the Davis good faith rule as well as a paragraph on Katzin)

Second, here are some write-ups on the case itself from the media & amici:

From Wired (posted today, 3/18/13): Feds: No Warrant Needed to Track Your Car With a GPS Device
From the ACLU: ACLU in Federal Appeals Court Tuesday Arguing Against Warrantless GPS Tracking
From the EFF (authored by Hanni Fakhoury & Marcia Hoffman): Jones Meant What it Said: EFF Urges Court to Stop Warrantless GPS Tracking

Finally, here are all of the documents related to the case (for those who like to review all of the materials) in chronological order. This includes an updated version of the government's brief:

5/09/12 - E.D. PA Memorandum Granting Suppression of the GPS Evidence
10/25/12 - Brief for Appellee Harry Katzin
11/05/12 - Brief of Appellee Mark Katzin
11/13/12 - Amicus Brief from EFF, ACLU, ACLU PA Chapter, and Nat'l Assoc. of Criminal Defense Lawyers
12/03/12 - Reply Brief for Appellant United States of America

1 comments:

  1. After reading the government's brief from cover to cover, I have to wonder if we will see an expansion of 'Davis' to expressly cover good faith if there is no precedent at all on the issue. I don't see that happening in the third, but if this goes on Cert to the Supreme Court I always fear a 5-4 on something like that. Good Faith has done nothing but mutate into the rule rather than the exception.

    I have not read the defendants' brief, but assuming the prosecution brief didn't leave out major issues, it would require just such a rereading of Davis to remand.

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