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ID: GPS "search" claim not preserved, and not plain error since law unsettled

By John Wesley Hall, Jr.

Defendant’s claim that GPS tracking was a “search” in violation of the Fourth Amendment was not preserved by his general foundation argument. Under plain error review, the court cannot find that it was fundamental error since the law is in disarray. State v. Danney, 2010 Opinion No. 73, 2010 Ida. App. LEXIS 89 (November 5, 2010)*: Danney‟s claim of fundamental error does not satisfy this test, for the law is not settled on whether use of a GPS device to track a vehicle‟s movements constitutes a “search” subject to the strictures of the Fourth Amendment. Neither the United States Supreme Court nor Idaho appellate courts have spoken to this issue, nor have the vast majority of the federal circuit courts...continue to full post

Full post as published by Fourth Amendment on November 11, 2010 (boomark / email).