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Boston Globe: REP test has become outmoded

By John Wesley Hall, Jr.

A Boston Globe editorial from September 2d, which I just saw today: Supreme Court, Congress need new rules for GPS searches: THE FOURTH Amendment protects Americans against "unreasonable searches and seizures." But that protection, the Supreme Court has held consistently for more than 40 years, applies only where there is "a legitimate expectation of privacy." This means, for example, that the police do not need a warrant to follow a suspect as he drives through town, since a person’s public movements are visible to anyone who chooses to look. But that test is fast becoming outmoded in an age when advancing technology makes possible a degree of relentless 24/7 surveillance that would have been the stuff of science fiction four decades ago...continue to full post

Full post as published by Fourth Amendment on September 13, 2010 (boomark / email).