United States x. Xxxxxx, supra, where the officers’ actions in installing and following tracking device did not amount to a search under the Fourth Amendment. guage on tracking devices. The tracking device statute, 18 U.S.C. § 3117, does not specify the standard an appli- cant must meet to install a tracking device. The Su- preme Court has acknowledged that the standard for installation of a tracking device is unresolved, and has reserved ruling on the issue until it is squarely pre- sented by the facts of a case. See United States v. Karo, 468 U.S. 705, 718 n. 5 (1984). The amendment to Rule 41 does not resolve this issue or hold that such warrants may issue only on a showing of probable cause. Instead, it simply provides that if probable cause is shown, the magistrate judge must issue the warrant. And the war- rant is only needed if the device is installed (for exam- ple, in the trunk of the defendant’s car) or monitored (for example, while the car is in the defendant’s garage) in an area in which the person being monitored has a reasonable expectation of privacy.
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Samples: Unlawful Possession or Receipt of Firearms, Unlawful Possession or Receipt of Firearms
United States x. Xxxxxx, supra, where the officers’ actions in installing and following tracking device did not amount to a search under the Fourth Amendment. guage on tracking devices. The tracking device statute, 18 U.S.C. § 3117, does not specify the standard an appli- cant must meet to install a tracking device. The Su- preme Court has acknowledged that the standard for installation of a tracking device is unresolved, and has reserved ruling on the issue until it is squarely pre- sented by the facts of a case. See United States v. Karo, 468 U.S. 705, 718 n. 5 (1984). The amendment to Rule 41 does not resolve this issue or hold that such warrants may issue only on a showing of probable cause. Instead, it simply provides that if probable cause is shown, the magistrate judge must issue the warrant. And the war- rant is only needed if the device is installed (for exam- ple, in the trunk of the defendant’s car) or monitored (for example, while the car is in the defendant’s garage) in an area in which the person being monitored has a reasonable expectation of privacy.. Page 157 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Rule 41
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