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U.S. v. AGUIAR

Docket Nos. 11-5262-CR(L), 11-5329-CR (con), 11-5330-CR (con).

737 F.3d 251 (2013)

UNITED STATES of America, Appellee, v. Stephen AGUIAR, William Murray, and Corey Whitcomb, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 13, 2013.

Attorney(s) appearing for the Case

David J. Williams , Jarvis, McArthur & Williams LLC, Burlington, VT, for Defendant-Appellant Stephen Aguiar.

Richard C. Bothfeld , Bothfeld & Volk, PC, Burlington, VT, for Defendant-Appellant Corey Whitcomb.

Robert S. Behrens , Burlington, VT, for Defendant-Appellant William Murray.

Wendy L. Fuller , Assistant United States Attorney, ( Tristam J. Coffin , United States Attorney for the District of Vermont, Gregory L. Waples, Assistant United States Attorney, on the brief) Burlington, VT, for Appellee.

Before: JACOBS, POOLER and HALL, Circuit Judges.

POOLER, C.J.:

Acting without a warrant, an agent from the Drug Enforcement Agency ("DEA") placed a global positioning system device ("GPS") on the Subaru Impreza driven by appellant Stephen Aguiar. The data gathered by the GPS aided law enforcement in identifying avenues of investigation, supported applications for wiretap warrants, and led investigators to other evidence collected and introduced at trial. Appellants sought to suppress the evidence gathered with the...

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