tagged w/ Fourth Amendment to the United States Constitution
-
On, Monday January 23, 2012, in the case U.S. v. Jones, the Supreme Court Ruled that the government's action of Installing a GPS Device on a person's car, is a "Search" under the 4th amendment.
It's a very minor victory for the 4th Amendment. But the Court punts on the larger issue of electronic surveillance.
------------------------------------------------------------------------------------------------------------------
The case involves a mildly complicated area of the law. The alignment of the Justices also left the issues unusually opaque. But the legal rules have very practical implications for ordinary Americans on a significant question of personal privacy. So describing the case correctly is important. In this post I explain how I think that the press got the case wrong.
The Court’s only holding is that the installation of a GPS monitoring device is a search. That is a different question from whether it requires a warrant and whether it requires probable cause, as opposed to a lesser standard like reasonable suspicion. The Court in Jones did not decide the government’s argument that this “search” (installing the GPS device) did not require a warrant.
Anyone who says that such a distinction is dancing on the head of a pin is wrong. That question not only determines whether the government is subject to immediate judicial oversight, but it is often also closely related to whether the search requires probable cause or instead only reasonable suspicion, which is a substantially more forgiving standard....
Continued at:
http://www.scotusblog.com/2012/01/jones-confounds-the-press/#more-137791On, Monday January 23, 2012, in the case U.S. v. Jones, the Supreme Court Ruled that... more
-
-
Dagum
-
added this
-
1 year ago
- |
-
Peter LaBarbera over at Americans For Truth About Homosexuality is not only God fearing, but also terrorist fearing and homosexual fearing - the fear trifecta, by golly! He maintains gay folks are on the loose at your neighborhood airport and they're a greater threat than terrorists, except for him coming out of his own closet.Peter LaBarbera over at Americans For Truth About Homosexuality is not only God... more
-
