The Third Circuit cited Herring v. United States, 555 U.S. 135 (2009), to conclude that suppression is warranted only where police are sufficiently deliberate and culpable that deterrence will be effective and outweigh the costs of suppression.
The Third Circuit determined that suppression is unwarranted in these circumstances if, in light of the totality of the circumstances, the officers possessed an objectively reasonable good faith belief that their conduct was lawful. Pursuant to Davis v. United States, 131 S.Ct. 2419 (2011), the Court held that the agents acted in accordance with Abinding appellate precedent,@ namely the Supreme Court’s decisions in United States v. Knotts, 460 U.S. 276 (1983), and United States v. Karo, 468 U.S. 705 (1984). Knotts and Karo both involved the warrantless installation of a beeper onto a canister containing contraband, and surveillance of the suspects’ vehicles on public roads. Despite the factual dissimilarities between beepers and GPS, and the tracking at issue, the Court held that the agents’ reliance upon these Supreme Court rulings was objectively reasonable.
In the alternative holding, the Third Circuit ruled that the existence of “binding appellate precedent” is not necessary to a finding of good faith. Davis happened to involve such precedent, but the good-faith issue is broader, asking whether agents had an objectively reasonable belief that they were acting lawfully. The Circuit answered that question in the affirmative here, based on the totality of the circumstances.