Judge Rules No Fruit Poisoned in Supressing GPS Search
A ruling in federal court will let the evidence in a jewelry store robbery collected when cops in Hinsdale gained illegal access to GPS data stand as it was gathered after they’d obtained warrants. Tobias Diggs and Joshua McClellan filed a motion to supress the subsequent searches of an SUV, a cell phone and social media accounts. This after cops downloaded GPS data from a vehicle routinely driven by Diggs without court approval. The pair were found in possession of watches and jewelry from the 2017 heist.
Diggs’ girlfriend owns the SUV used as the getaway car that was caught on a closed-circuit camera when four men knocked over Razny Jewelers. She testified that Diggs alerted her to the event and cops used the positioning data to trace the car’s movement on the day of the robbery. The men argued that goods obtained in a search of McClellan’s home that took place before the download was tainted under the doctrine of fruit from a poisonous tree, which voids evidence collected in illegal searches. However, US District Court Judge Gary Feinerman called the GPS data an afterthought in the investigation, saying the video and items McClellan fenced at another store provided cops with ample grounds for probable cause.