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United States v. Diggs

385 F. Supp. 3d 648 (2019)

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United States v. Diggs

United States District Court for the Northern District of Illinois
385 F. Supp. 3d 648 (2019)

  • Written by Noah Lewis, JD

Facts

Tobias Diggs (defendant) and two others were charged with robbing a Razny Jewelers store in Hinsdale, Illinois. Detectives identified the getaway vehicle as a Lexus registered to Diggs’s wife, Devinn Adams. Diggs regularly drove the Lexus. Purchased on credit, the contract allowed Headers Car Care to use the car’s GPS-tracking device to find the car. A Headers employee authorized a detective to log in to the Air Assault Asset Track GPS Systems’ website. Without obtaining a warrant, the detective downloaded GPS data for the Lexus from March 1, 2017, through April 4, 2017. The data included time-stamped entries giving block-level address data each time the car was turned on, parked, and every five minutes while being driven. Software further provided specific latitude and longitude points. The GPS data placed the Lexus in Hinsdale on the date of the March 17, 2017 robbery and the two previous days. The Lexus also traveled to and from the defendants’ residences and was on the same block as Razny Jewelers at the time of the robbery and in the alleyway directly behind the store during the robbery. The Lexus was then parked in a third-party’s garage, where police seized it on April 4. Diggs moved to suppress the GPS evidence as an unreasonable search.

Rule of Law

Issue

Holding and Reasoning (Feinerman, J.)

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