Legal Opinion

Whittington v. State

Court of Special Appeals of Maryland

Decided July 1, 2020No. 2591/18PublishedCited by 2 opinions

1Opinion of the Court

Kevin Whittington v. State, No. 2591, Sept. Term, 2018, Opinion by Leahy, J. Fourth Amendment > Search > GPS Tracking We hold that a court order issued under CP § 1.203.1, meets the requisites of a warrant under Fourth Amendment Law. The statute requires that an order be signed by a neutral and detached magistrate, based on probable cause, and supported by oath or affirmation. It must also identify, with reasonable particularity, the technology to be employed and the person about whom location information is being sought. Such order is limited, unless certain exceptions apply, to 30 days,…

2Cases cited57 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. United States v. LeonSupreme Court of the United States · 1984
  4. United States v. SalernoSupreme Court of the United States · 1987
  5. Weeks v. United StatesSupreme Court of the United States · 1914

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3Cited by2 opinions

  1. Whittington v. StateCourt of Appeals of Maryland · 2021
  2. Thomas v. StateCourt of Special Appeals of Maryland · 2026

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