United States v. William Brock, IV

MEMORANDUM

William Brock IV appeals his convictions and sentences for conspiracy to distribute at least 100 kilograms of marijuana and for possession with intent to distribute at least 100 kilograms of marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. The district court did not err by denying Brock’s motion to suppress. The tracking order issued by the Will County Circuit Court satisfied the Fourth Amendment requirements for a valid search warrant. See Dalia v. United States, 441 U.S. 238, 255 , 99 S.Ct. 1682 , 60 L.Ed.2d 177 (1979). Therefore, application of a tracking device to Brock’s truck was not a warrantless search. At oral argument, Brock’s counsel conceded that probable cause existed to issue the order. See United States v. Krupa, 658 F.3d 1174, 1177 (9th Cir.2011).

Installation of the GPS tracking device at night was proper, because under applicable Illinois law, a “warrant may be executed at- any time of any day or night.” 725 Ill. Comp. Stat. 5/108-13. Brock has not challenged the constitutionality of this law. Additionally, the device was installed in a public place, because Brock’s driveway does…