Tag Archive | United States Constitution

Supreme Court Considers GPS Tracking Case Today

United States v. Jones

Docket No. Op. Below Argument Opinion Vote Author Term

10-1259 D.C. Cir. Nov 8, 2011

Issue: (1) Whether the warrantless use of a tracking device on respondent’s vehicle to monitor its movements on public streets violated the Fourth Amendment; and (2) whether the government violated respondent’s Fourth Amendment rights by installing the GPS tracking device on his vehicle without a valid warrant and without his consent.

Plain English Issue: Whether the Constitution allows police to put a tracking device on a car without either a warrant or the owner’s permission; and whether the Constitution is violated when police use the tracking device to keep track of the car’s whereabouts.

For links to SCOTUS coverage of this case, as well as other materials, visit United States v. Jones : SCOTUSblog.

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How Technology Is Testing the Fourth Amendment

By Jennifer Valentino-DeVries, Digits, Wall Street Journal, September 22, 2011

The Fourth Amendment of the U.S. Constitution protects against “unreasonable searches and seizures” – but what does that mean when it comes to techniques that use technology rather than a physical search that is easy to see? In many ways, it remains unclear. But there a few key issues that courts have been considering lately when it comes to this question. First up: whether the activity being observed by the technology is outside or inside a person’s house. …

For full text of the article, visit: How Technology Is Testing the Fourth Amendment – Digits – WSJ.

4th Amendment Implications of Remote Sensing in Criminal Law

The Mark of Science: Fourth Amendment Implications of Remote Sensing in Criminal Law

Surya Gablin Gunasekara, Journal of Space Law, October 2010

Abstract: The government’s use of technology must be weighed in the Fourth Amendment balance not because the Constitution constrains the government to employ antiquated surveillance techniques but because the march of science over the course of this century has time and again laid bare secrets that society had (erroneously) assumed to lie safely beyond the perception of government.

For full text of the article, click here.

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