Great 4th Amendment case
U.S. v. Jones holds that attaching a GPS device to an auto constitutes a "search" within the meaning of the Fourth Amendment. 9-0, on the result. Scalia writes for the majority, The liberal wing concurs, with a rather confusing opinion, starting by denying this is a Fourth Amendment issue, and ending by agreeing that it is. I can see the reasoning (that the violation was not the attachment of the device, but its use to monitor) but the wording is a little hard to follow.
You don't want to make the wording too clear or else what would lawyers have to argue about?
I see the point but isn't it moot? You have to attach the device in order to collect the data. I did get a chuckle out of Sotomayor's speculation about a constable secreting himself in a horse-drawn coach as a comparison.
As always I enjoy stopping by your blog, you help me keep myself educated (and often amused.)
Posted by: NevadaSteve at January 24, 2012 05:48 AM
So quoting, "the violation is not to attach", can the police or others do ANYTHING they wish to attach ANYTHING they wish to a private vehicle without the owner's permission? How about the police placing a bumper sticker pointing out past offenses such as child molestation or domestic violence? What the hell is the difference between this an attaching a tracking device?
Cooley covers the 4th in a complete manner.
Posted by: fwb at January 24, 2012 08:24 AM