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OH12 permits GPS without a warrant under Fourth Amendment rejecting Weaver and Jackson and ignoring Maynard

Posted on December 2, 2010 by pogowasright.org

Sometimes I get a mental image of someone gritting their teeth while they’re typing. John Wesley Hall Jr. writes:

In a GPS case, where all the right things were argued, Ohio’s 12th District Court of Appeals rejects NY’s Weaver (2009) and Washington’s Jackson (2003) because the Ohio Supreme Court says that the state constitution is to be interpreted like the Fourth Amendment. The opinion glaringly omits reference to the D.C. Cir’s Maynard (2010). State v. Johnson, 2010 Ohio 5808, 2010 Ohio App. LEXIS 4892 (12th Dist. November 29, 2010).

Source: FourthAmendment.com.

Category: CourtSurveillance

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