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Criminal Law

: Fourth Amendment

Where does GPS tracking go from here?

By John Wesley Hall, Jr.

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Concluding that Fourth Amendment precedents already define GPS surveillance in a public place is this thoughtful piece: Does the Fourth Amendment Prohibit Warrantless GPS Surveillance? by Orin Kerr on the Volokh Conspiracy: Does the Fourth Amendment require a warrant to conduct surveillance of a government-installed GPS device, such as a device installed on a suspect’s car to monitor the car’s location? This issue comes up occasionally, and the DC Circuit has a case pending on the issue. I don’t think I have ever blogged about it, so I want to offer my thoughts. This post will explain why I think the doctrine here was settled by a pair of Supreme court cases from the 1980s, and why those cases draw a pretty reasonable Fourth Amendment line...continue to full post

Full post as published by Fourth Amendment on December 14, 2009 (boomark / email).

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