David Kravets writes:
The President Barack Obama administration is claiming that authorities do not need court warrants to affix GPS devices to vehicles to monitor their every move.
The administration maintains that position despite the Supreme Court’s infamous decision last year that concluded that attaching the GPS devices amounted to search protected by the Constitution.
The administration is set to make its argument Tuesday before a federal appeals court in a case testing the parameters of the high court’s 2012 decision. If the government prevails, the high court’s ruling would be virtually meaningless.
“This case is the government’s primary hope that it does not need a judge’s approval to attach a GPS device to a car,” Catherine Crump, an attorney with the American Civil Liberties Union, said in a telephone interview.
Wired, of course, is bent out of shape about the government making any argument for exceptions. We intuitively know, however, that the Solicitor General wrote the brief and put the AUSA’s name on it. It’s the advocate’s job to make an argument for exceptions.