Fourth Amendment

/Tag: Fourth Amendment
30 Jan, 2012

Does Government Need the Power to Install a GPS Device Without First Obtaining a Warrant?

2019-03-18T18:47:48-05:00January 30th, 2012|Tags: , , , , |

Last week I was explaining to a friend the Supreme Court's decision in United States v. Jones, the case where the Government  installed a GPS device to monitor an alleged drug dealer's vehicle over the course of 28 days. After exhaustively covering the three opinions, my friend had this remark, "why didn't they just get [...]

23 Jan, 2012

Attaching a GPS Device to a Car Is a Fourth Amendment Search

2012-01-23T16:08:13-06:00January 23rd, 2012|Tags: , , , |

In a big loss for the federal government, the Supreme Court held today that when the government attaches a GPS device to a vehicle to monitor the vehicle's movement, the government conducts a Fourth Amendment search. Justice Scalia wrote the opinion for the Court in United States v. Jones, No. 10-1259, backed by the Chief Justice, [...]

11 Nov, 2011

More on Jones–the Supreme Court’s GPS Monitoring Case

2019-03-18T18:47:50-05:00November 11th, 2011|Tags: , , , , , , , , , , |

SCOTUS news was dominated this week by the oral arguments United States v. Jones, No. 10-1259. In that case, the Court must decide whether law enforcement can conduct GPS monitoring sans warrant without violating the Fourth Amendment’s prescription of unreasonable searches and seizures. A lot was written about the oral arguments, but [...]

8 Nov, 2011

Will the Court Allow GPS Monitoring?

2019-03-18T18:47:50-05:00November 8th, 2011|Tags: , , , |

Today, the Supreme Court will hear arguments on whether Government can monitor people through GPS devices without warrants. The case has been covered extensively. Perhaps the most thorough treatment is that from SCOTUS Blog's Lyle Denniston, which can be found here. Orin Kerr over The Volokh Conspiracy also covers both questions: whether the use of a GPS [...]

14 Oct, 2011

More on the Strip Search Case

2019-03-18T18:47:51-05:00October 14th, 2011|Tags: , , |

While Sean Bradley and I have been discussing the strip search case on this blog (here and here), others are talking about it at various forums.   Adam Liptak at the New York Times and Mike Sacks at the Huffington Post cover the oral arguments. Sacks wrote that: "For the first time this term, Kennedy seemed to be [...]

12 Oct, 2011

Will the Libertarian Justice Kennedy Appear Today at Oral Arguments?

2019-03-18T18:47:51-05:00October 12th, 2011|Tags: , , , , |

[The Supreme Court will hear argument today in Florence v. Board of Chosen Freeholders of the County of Burlington, No. 10-945.] At 10:00 am Eastern Time, the Supreme Court will hear a case about personal autonomy, personal dignity, and a person's most private details. In prior cases addressing these themes, we've watched Justice Kennedy transform from a Law and [...]