United States v. Clark Bailey and Carolyn Gomez

HARRY PHILLIPS, Senior Circuit Judge.

This case of first impression for our Circuit requires us to review a district court’s order suppressing evidence in a drug prosecution where the Government used a “beep*939er” 1 to monitor the location of a drum of chemicals. Although the beeper does nothing more than reveal its own location, we conclude that its use, on the facts of this case, violated the fourth amendment.

I

On April 25, 1978, in Hartford, Connecticut, an informer advised a Drug Enforcement Administration (DEA) agent that Carolyn Ann Gomez was attempting to purchase chemicals in order to…