United States v. Hernandez, No. 10-10695 (5th Cir. 2011)Annotate this Case
Defendant was convicted of one count of conspiracy to posses with intent to distribute and distribution of a controlled substance in violation of 21 U.S.C. 846. Defendant appealed the district court's order denying his motion to suppress illegal drugs obtained after federal agents inserted a GPS device on the undercarriage of his brother's truck, without a warrant, to track its whereabouts. The court held that defendant had no standing to challenge the placement of the GPS device. The court also held that the Drug Enforcement Administration agents' use of the surreptitious GPS device to track defendant was not a search within the meaning of the Fourth Amendment. Accordingly, the judgment of the district court was affirmed.