GPS Units: Not Just for Driving Directions Anymore

November 20, 2009

    Authored By: Courtney C. Ray

    Citation: US v. Bennett, 363 F.3d 947 (9th Cir. 2004)

    Employee/Employer Implicated: U.S. Customs Officer Malcolm McCloud Chandler

    e-Lesson Learned: The best evidence rule isn’t just for journals, photographs and computers anymore … that’s right, GPS units are now among the electronic devices required to be physically present or have original documentation to support the information taken from the device to be used in testimony.

Officer Keith James of the Coronado Police Department’s Task Force spotted Vincent Franklin Bennett’s boat travelling north near the U.S.-Mexico border on January 27, 2000. Upon boarding Bennett’s boat in San Diego Bay the officers noticed that the registration information did not match the boat, that the boat was riding extremely low in the water and there was a new high performance in the boat which provided space which the officers could not account for. Also, after boarding the officers learned that there was a warrant out for Bennett’s arrest. Once Bennett was removed for questioning, the boat was searched and x-rayed for marijuana that was hidden on board. The x-raying resulted in 1,541.5 pounds of marijuana being found.

The district court denied Bennett’s motion to suppress the marijuana and convicted Bennett of importing marijuana and intending to distribute marijuana. Following his convictions, Bennett appealed in anyway humanly possible, since otherwise he would be spending over 10 lovely years in prison.

On Appeal, the Ninth Circuit found that Bennett’s boat was seized pursuant to a valid border search; therefore, his possession conviction was affirmed.

E-Discovery Controversy:

The issue of illegal importation centers around evidence obtained from a global positioning system (“GPS”) unit aboard Bennett’s boat.  Illegal importation only occurs when a defendant imports a controlled substance into the United States from any place outside thereof. 21 U.S.C. § 952(a). Here, Bennett’s boat was clearly in U.S. waters when it was spotted by Officer James, therefore, the Government must show that Bennett came from Mexico with the marijuana onboard.

While searching Bennett’s boat, U.S. Customs Officer Malcolm McCloud Chandler claimed that he found a GPS that revealed Bennett had traveled from Mexican waters into San Diego Bay. This particular device came with a “backtrack” feature, which allowed a user to view the boat’s journey from that day. Chandler testified that while he did not take the GPS device into possession or log any of the information from the device that using the backtrack feature he was able to see that Bennett had come from waters off the coast of Mexico to the U.S.

Bennett objected to the use of this evidence under the best evidence rule, which provides that in the case of data stored on a computer or similar device that a printout or other output readable by sight must be presented to prove the contents of the device. Fed. R. Evid. 1001(3). The district overruled Bennett’s objection.

Here, the Ninth Circuit found that the best evidence rule does apply because Chandler was testifying about the contents contained within the GPS unit since he never actually saw Bennett’s boat travel this path. Thus, since the Government failed to produce the GPS unit, a printout, or other representation from the GPS unit and did not provide any reason for why it would have been difficult to do so the testimony of Chandler regarding the GPS unit is inadmissible. As a result, the Court decided that Bennett was prejudiced by the erroneous admission of the GPS testimony and no other evidence was available to support a conviction of importation against Bennett.

Courtney is a graduate from UCLA and has since graduated from Seton Hall Law School with a concentration in intellectual property law.

Article posted on November 20, 2009 at 3:22 PM |  Twitter  LinkedIn  Digg  Facebook  Technorati Favorites  NewsVine  More... 
Tagged as: , .
View more articles implicating: Government Officials
Subscribe to this post's comments through its RSS 2.0 feed.

48 Responses to “GPS Units: Not Just for Driving Directions Anymore”

Newer Comments »
  1. 1
    Ron says:
    December 4, 2009 at 11:48 AM

    Couldn’t the officer have used a digital still or video camera to record what was on the screen of the GPS.

    Wouldn’t this prevent having to deal with removing devices that may be permanently mounted in a vehicle, or otherwise?

    [Reply to this comment]

    Frank [eLL Editor-in-Chief] Reply:
    December 4th, 2009 at 12:11 PM

    @Ron,

    That’s an excellent suggestion, and easy enough to do considering most everyone these days carries a phone with some sort of camera built-in. Since they were out at sea, they may not have been carrying such devices, but as the article points out, no such reasons were given.

    Of course, even photos can be fabricated, and the burden would still be on the prosecutor to prove the legitimacy of the digital media, but at least then it would be more than just “he said, she said” testimony.

    [Reply to this comment]

  2. 2
    Replica Watches says:
    July 28, 2010 at 5:51 AM

    Our shop offers many famous Audemars Piguet Replica Watches. for example: Audemars Piguet Royal Oak Offshore Replica Watches,Audemars Piguet Royal Oak Offshore Ultimate Rubber clad Rose, They are all wrist watches and you can buy one for your father to show your love ,moreover. no one could know it a replica one.

    [Reply to this comment]

  3. 3
  4. 4
  5. 5
    Replica Watches says:
    July 28, 2010 at 11:29 PM

    I bought a perfect replica submariner watch from Replica Watches Store just cost me $80 with Free Shipping option

    There you can buy all submariner series watch with very low prices, such as Rolex Submariner Replica watches includes Rolex Submariner Date Replicas, Rolex Submariner 16610 Replicas, Rolex Submariner 50th anniversary Replicas, Rolex Submariner Green, Rolex Submariner Blue, Rolex Submariner Full Gold, Rolex Submariner Ceramic Bezel Watches, rolex series includes
    Fake Rolex Replicas,
    Rolex Daytona,
    Rolex oyster perpetual DateJust
    Breitling watches, includes
    Breitling for Bentley,
    Breitling Navitimer

    [Reply to this comment]

  6. 6
  7. 7
    mbt shoes cheap says:
    August 3, 2010 at 2:50 AM

    mbt shoes cheap
    mbt shoes

    buy mbt shoes
    discount mbt shoes
    cheap mbt shoes
    mbt chapa shoes

    content:

    –主页———————————————————————————————————————
    mbt shoe mbt shoe
    mbt shoes paypal mbt shoes paypal
    mbt shoes sale mbt shoes sale
    mbt shoes mbt shoes
    mbt shoes sandals mbt shoes sandals
    mbt sale mbt sale

    buy mbt shoes cheap buy mbt shoes cheap
    best mbt shoes cheap best mbt shoes cheap

    mbt shoes clearance mbt shoes clearance
    mbt shoes review mbt shoes review
    mbt shoes store locator mbt shoes store locator
    mbt shoes plantar fasciitis mbt shoes plantar fasciitis
    mbt shoes clearance sale mbt shoes clearance sale
    mbt shoes plantar fasciitis mbt shoes plantar fasciitis
    mbt shoes clearance sale mbt shoes clearance sale
    mbt shoes discount mbt shoes discount

    cheap mbt shoes cheap mbt shoes
    cheap mbt cheap mbt
    cheap mbt shoes online cheap mbt shoes online
    cheap mbt sandals cheap mbt sandals
    cheap mbt womens shoes cheap mbt womens shoes
    cheap mbt shoes blog cheap mbt shoes blog
    cheap mbt shoes uk cheap mbt shoes uk
    cheap mbt uk cheap mbt uk
    cheap mbt boots cheap mbt boots
    cheap mbt trainers uk cheap mbt trainers uk

    buy mbt shoes online buy mbt shoes online
    buy mbt online buy mbt online
    buy mbt uk buy mbt uk
    buy mbt canada buy mbt canada
    buy mbt trainers buy mbt trainers
    buy mbt shoes uk buy mbt shoes uk
    buy mbt shoes canada buy mbt shoes canada
    buy mbt shoes london buy mbt shoes london
    buy mbt shoes online uk buy mbt shoes online uk
    where to buy mbt shoes where to buy mbt shoes
    where can you buy mbt shoes where can you buy mbt shoes
    where to buy mbt shoes in nyc where to buy mbt shoes in nyc

    discount mbt walking shoes discount mbt walking shoes
    discount mbt sneakers discount mbt sneakers
    discount mbt discount mbt
    discount mbt women’s shoes discount mbt women’s shoes
    discount mbt sandals discount mbt sandals
    discount mbt shoes blog discount mbt shoes blog
    discount mbt shoes uk discount mbt shoes uk
    discount mbt uk discount mbt uk
    buy discount mbt shoes buy discount mbt shoes

    mbt shoes las vegas mbt shoes las vegas
    mbt shoes toronto canada mbt shoes toronto canada
    mbt shoes women s 8 mbt shoes women s 8
    size 40 mbt shoes size 40 mbt shoes
    mbt shoes 150 or less mbt shoes 150 or less
    mbt shoes usa mbt shoes usa
    review mbt shoes review mbt shoes
    mbt shoes plantar fasciitis mbt shoes plantar fasciitis
    mbt shoes stores locations mbt shoes stores locations
    website for mbt shoes website for mbt shoes
    mbt shoes for women on sale mbt shoes for women on sale
    mbt shoes huntsville al mbt shoes huntsville al
    mbt shoes specifically for running mbt shoes specifically for running
    mbt shoes stockists uk mbt shoes stockists uk
    mbt shoes store locator mbt shoes store locator

    [Reply to this comment]

  8. 8
  9. 9
    cheap lv handbags says:
    August 4, 2010 at 8:52 AM

    Taiga Leather is a world leading brand name in the fashion industry. louis vuitton wallets for men A Taiga Leather is not only a sign of taste and fashion; it is also a symbol of social status and recognition. At our website the quality of handbag has reached the highest level of perfection and it comes at a very attractive price. Louis Vuitton Handbags are inspired by louis vuitton mens wallets the highly popular designs of their original counterparts.Every woman wants to be refined. Replica balenciaga Handbags are one of the most common bags for women. They come in a variety of silhouettes and sizes. Surely in the domain of classiness,balenciaga handbags get the maximum grade. What are the latest trends adopted by balenciaga Wallets? Frenzy among the fashionable women has been triggered by the Balenciaga Handbags, still new on the market and very likely available wholesale in a few months. Your friends will wonder how you could afford all of those high quality hand bags and be jealous of your fashionable purses. since you are going to have the latest high priced fashion on your arms,everyone will wonder what your secret is.

    [Reply to this comment]

  10. 10
  11. 11
  12. 12
    replica louis vuitton handbags says:
    August 6, 2010 at 9:24 PM

    cheap louis vuitton handbags
    discount louis vuitton handbags

    Welcome to browse Damier Canvas Handbags replica Damier Canvas handbag from our fabulous collection of Damier Canvas, these Louis Vuitton knockoff handbags are nothing short of excellence. We aim to provide our customers with high quality replica handbags of the latest spring and summer fashion so that they can fully display their glamour in this vigorous season, but with stunningly cheap prices that they would like to pay, and always come back for more. Pleased and satisfied customers are what we desire, and we firmly believe that our first-class service can satisfy all their Louis Vuitton replica handbag needs.
    The fashion Louis Vuitton Damier Canvas collection Damier Canvas bags and purses will bring you the newest fashion wind from the romantic south France.Our Louis Vuitton fake replicas collection is a perfect combination of classics and fashion, a vibrant mix of style and pleasure, offering you exact copies of the original Replica LV Damier Canvas, wallets and purses. Those high quality replica Damier Canvas handbags will assure you of a cool and most welcomed change to your style, a change you certainly deserve. Please choose one of those exquisite bags offered in our fabulous Cheap Louis Vuitton Damier Canvas online outlet with fantastic discount. In addition, various other Louis Vuitton knockoffs are waiting for your visitation and selection.

    [Reply to this comment]

  13. 13
    melinzero says:
    August 9, 2010 at 12:41 AM

    These replica watches are not cheap imitations thing of the watch market, they are genuine replica watches of the real products. Show the expensive Replica Audemars Piguet Watches will in the prestigious, they make a statement at work and at play. But the Register Alias Table of replica philip stein will in the high price, just the replica watches can satisfied the people for his work and at play. Our ladies’ range replica watches includes: Lady Datejust replica watch and Lady Yachtmaster. replica angular momentum These watches are available replica burett in yellow, white replica bertolucci and rose gold,

    [Reply to this comment]

  14. 14
  15. 15
    replica louis vuitton handbags says:
    August 9, 2010 at 3:54 AM

    I have some ideas, thank you for sharing, I really like
    Louis Vuitton from Paris, France, 100 years ago, louis vuitton 2009 collection, pronunciation is “luyis vitton”, abbreviated as “LV”, was translated into Chinese in Taiwan, “Louis Vuitton.” summer handbags are the creator of the first generation of nineteenth-century Paris, France, 1886, a building specifically for the royal families technician spring summer handbags ,include Cruise 2009 collection. luggage he made to build the sophisticated technology, known in Paris at the time very loud. And then make a leather Louis Vuitton travel Cruise 2009 goods of the finest symbol. If you want to buy advanced leather, when the Louis Vuitton as the first choiceIn particular, leather suitcase is in many rich gentleman lady indispensable. we have both women’s bags and men’s bag. every item you want can be order here!replica louis vuitton handbags cheap louis vuitton handbags discount louis vuitton handbagsluxury handbaghttp://www.moodhandbags.comreplica louis vuitton handbagscheap louis vuitton handbagsdiscount louis vuitton handbagsluxury handbaghttp://www.iv-bag.comThe color of the 2010 spring summer handbags is fun, and the style of the bag is classic,looks nice and romantic. This is our louis vuitton agendas Wallets & Purse Handbags. What’s more? Designer leather agendas Wallets & Purse Handbags Sale begin. You are rest to the high quality and the design as everything is just like the authentic one. Join the sale event,just take your Cheap Louis Vuitton Wallets & Purse Handbags!

    [Reply to this comment]

  16. 16
    Microsoft Windows & Office Activation Key For Sale!! Fast Shipping says:
    August 12, 2010 at 3:24 AM

    Our store is mainly engaged in windows activation. All the windows activation key we sell is office activation key authorized by windows product key directly. Of course the office product key we sell is cheapest and excellent. The windows key generator we sell is various and complete. You can find the office key generator which you want in our store. And windows key can get windows generator service in our store.

    [Reply to this comment]

  17. 17
  18. 18
    fengye says:
    August 13, 2010 at 2:44 AM

    BagHowonline salelouis vuitton Replica Louis Vuitton Handbags Discounted
    Louis Vuitton handbags Louis Vuitton Replica Handbagslouis vuitton handbagsonline sale purses

    [Reply to this comment]

  19. 19
    cheap jordans says:
    August 14, 2010 at 2:35 AM

    UGG boots are popular among the young generation. But it doesn’t popularize in women jordans the students. Uggs company has discovered that there is a great potential market Cheap Nikes among the students. So they inrtroduce various kinds of ugg boots for students. ugg boots These ugg boots are in trendy style and full of vitality. We are Cheap Watches confident that they will be the hot-item in the market. As ugg becomes Cheap Handbags a trend in the fashion field each year. The students are the majority Air Jordan Retro to pursue for the fashion. So they will pay attention to the trend. grey ugg classic tall boots And many students have heard of UGG boots. Now, UGG boots are the UGG shoes new fad for teenagers. At first, these uggs are the hot-sellings for girls. ugg classic tall boots grey And it becomes popular among boys.With the coming of winter, ugg boots are Air Jordan Fusions in great demand because the quality is in no doubt. They provide the Polo Shirts feet with warmth. The sole is made of suede material which is very jordan shoes sturdy and durable. The logo of the company is visible on the upper jordan 2010 which can show your elegance. Our company introduce the series of cheap uggs. nfl jerseys Students are affordable to buy them. This kind of perfect UGG boots is Uggs designed for you. We believe their parents will agree with their children to Coach Handbags buy a pair of uggs in the approaching winter. It’s not only warm coach handbags to them, but a true love to them.Now, UGG boots are available in Ed Hardy many concord colours for students, like sand, grey, black chestnut and so on. UGG Shoes They are affordable in the marketplace. A lot of markets online offer these cheap jordans .

    [Reply to this comment]

  20. 20
    q says:
    August 17, 2010 at 12:26 AM

    497397695 Expo 2010, officially Expo 2010 Shanghai China is being held on both banks of in the city of Shanghai, China, from nfl jerseys May 1 to October 31, 2010. It is a World Expo wholesale nikes in the of international fairs and expositions. The theme of is “Better City – Better Life” and signifies Shanghai’s new status in the cheap jordans as the “next great world city”. Chelsea soccer players Frank Lampard and John Terry celebrate after at Stamford Bridge in London May 9, 2010. Chelsea Jordan 5 defeated Wigan Athletic 8-0 in the last match of the.Chelsea soccer players celebrate after winning jordan shoesthe English Premier League at in London May 9, 2010. Chelsea defeated Wigan Athletic 8-0 in the last match of the Air Jordan 2010.The expo Logo features the Chinese character modified to Jordan shoes together with the 2010 date. It is the most expensive Expo in the history of . The Shanghai World cheap nikes Expo is also the largest World’s Fair site ever at.More than cheap jerseys 190 countries and more than 50 international organizations have registered to in the Shanghai World Expo, the largest ever. China expects to coach handbags almost 100 foreign leaders and cheap watches millions of people from across the world to come and visit the cheap handbags. More than 70–100 million visitors are expected to visit the cheap jeans, the largest in history.The opening ceremony was held in the evening of wholesale jrodans, 2010, with the attendance of dozens of world leaders.The ceremony consisted of Jordan Sneakers and outdoor component. Jackie Chan, Lang Lang, and Andrea Bocelli were among the performers in the Women shoes. The event featured an outdoor display of firew wholesale nikes by singers and dancers.

    [Reply to this comment]

Newer Comments »

Leave a Reply

Spam protection by WP Captcha-Free