Question

Fred lives in a rural area near Denver, Colorado. The police suspect he is a drug dealer. One day, when Fred’s car was in a repair shop, the police attached an electronic beeper to it. They monitored the beeper for a few days and through it obtained information that Fred traveled many miles each day to a certain suspicious location; in addition, they obtained information from a reliable informant that Fred had suspicious cans and barrels in his home garage. Acting on this information, the police obtained a warrant to search Fred’s house and garage. The judge issues the warrant. Was this issuance of a search warrant valid? Justify your answer.

Answer 1

The issuance of a search warrant against Fred, suspected to be a drug dealer, seems valid based on probable cause established through electronic beeper tracking and information from a reliable informant. As per rulings in United States v. Jones and Carpenter v. United States, warrants are needed for location tracking without exigent circumstances, which was adhered to in this case.

Step-by-step explanation:

The issuance of a search warrant in Fred's case from the rural area near Denver, Colorado appears to be valid based on the information provided. Law enforcement officers have to demonstrate to a judge that there is probable cause to believe a crime has been committed or evidence will be found to obtain a search warrant. In this scenario, the police used an electronic beeper to track Fred's movements, which led them to suspect that he frequented a suspicious location. Coupled with the fact that they had information from a reliable informant about the suspicious cans and barrels in his home garage, the police had sufficient grounds to seek a warrant.

According to United States v. Jones and Carpenter v. United States, warrantless location tracking, either by installing a GPS device or by accessing information provided to cellular companies, is prohibited. However, once probable cause is established, as in Fred's case through additional information from an informant, a judge can issue a search warrant. The Supreme Court has consistently upheld the need for a search warrant if no immediate danger or exigent circumstances is prompting a search. In Fred's situation, the police conducted surveillance and gathered evidence to support their request for a warrant, making its issuance legitimate.