A. Factual History
In August 2009, Mr. Morgan and his friend, Marvin Tabor, plotted to kidnap and rob Mario Armendariz. Pursuant to their plan, Mr. Morgan attached a GPS tracking device to Mr. Armendariz’s car while Mr. Armendariz was visiting Mr. Tabor’s home. Mr. Tabor then tracked Mr. Armendariz’s location on the Internet using Google Maps, enabling Mr. Morgan and Mr. Ford to follow Mr. Armendariz in their vehicle.
Also in late summer 2009, Mr. Tabor’s brother-in-law, Mr. Sanford, persuaded a police officer’s minor child to steal four weapons and parts of a police uniform— including cargo pants, a black police shirt, and an orange reflective vest—from his father in exchange for two ounces of marijuana. Mr. Sanford also painted his Chevrolet Tahoe black.
Around 11:00 p.m. on September 22, 2009, the Defendants and Mr. Tabor met at Mr. Tabor’s house. Mr. Sanford wore the stolen police gear. The Defendants then departed to locate Mr. Armendariz. Mr. Tabor remained at his home and tracked Mr. Armendariz using the GPS device and Google Maps, speaking with the Defendants on a cell phone to update them with Mr. Armendariz’s location.
Judge(s): Scott Matheson
Jurisdiction: U.S. Court of Appeals, Tenth Circuit
Related Categories: Communications , Constitutional Law , Criminal Justice , Government / Politics , International , Property
|Circuit Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Jeffrey Pagliuca||Haddon Morgan and Foreman PC|
|Richard Hostetler||Law Office of Richard A. Hostetler|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Paul Farley||U.S. Department of Justice|
|John Walsh||U.S. Department of Justice|