GPS Tracking Reports Not Subject To Confrontation Clause Requirements

Recent Supreme Court jurisprudence has seemingly raised obstacles to prosecution efforts to admit at trial reports of scientific or technical tests without concurrent live witness testimony subject to cross-examination.  In this space, we have examined the evolution of that Confrontation Clause jurisprudence, as the Court has examined whether particular test results and reports were "testimonial" or "non-testimonial," determined by whether or not they were prepared for the purpose of being used as evidence at a trial.  (See here, here, and here.)  Lower courts have sifted through different types of records and struggled to apply the "testimonial" or "non-testimonial" label in order to ascertain their admissibility in the absence of appropriate live-witness testimony.