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D.C. Circuit Holds that Month-Long Police GPS Monitoring Triggers Fourth Amendment

Posted on September 15, 2010 by pogowasright.org

Law Professor Sherry F. CKolb writes:

Last month, in United States v. Maynard, the U.S. Court of Appeals for the D.C. Circuit held that the Fourth Amendment “reasonable search” requirement applies to police when they track the movements of a person’s car via an attached GPS device. In so holding, the D.C. Circuit joined a growing list of federal appellate courts that have opined on both sides of the question whether GPS-tracking constitutes a “search” for purposes of the Fourth Amendment’s prohibition against unreasonable searches and seizures.

This question is likely to reach the U.S. Supreme Court before long, and it asks about the nature and extent of privacy that the Constitution grants us against government intrusion.

Read her commentary and analysis on FindLaw.   She also has a companion piece, “Comparing Invasions of Privacy, ” on the Dorf on Law Blog.  (via @Law and Lit)

Category: CourtSurveillanceU.S.

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