Attorneys obtained an Order of Dismissal with Prejudice via a Motion to Dismiss in Federal Court on behalf of a national rental car company

Attorneys obtained an Order of Dismissal with Prejudice via a Motion to Dismiss in Federal Court on behalf of a national rental car company. Plaintiffs alleged a violation of their Civil Rights and a violation of the state's Security of Communications Act. Plaintiffs alleged that the client violated their Fourth Amendment Right to Privacy by allowing the state Department of Law Enforcement and the city sheriff's office to place a mobile tracking device on their rented automobile. Plaintiffs further alleged that the rental car company also violated state's Security of Communications Act by tracking the vehicle's movements via the device. At the time of the device's placement, the Plaintiffs were under investigation by law enforcement for committing armed robberies and using rental cars as getaway vehicles. The District Judge dismissed the Complaint with Prejudice, ruling that the tracking of vehicle movement through a mobile tracking device was not an electronic communication regulated by the Security of Communications Act. The court also found that no Fourth Amendment right of the Plaintiffs were violated because law enforcement had the defendant's consent to place the device on the rental car.