Difference between revisions of "GPS Evidence and the Fourth Amendment"
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==GPS and the Fourth Amendment== | ==GPS and the Fourth Amendment== | ||
| − | The test for whether a given search or seizure violates the Fourth Amendment is whether the defendant's "reasonable expectation of privacy" | + | The test for whether a given search or seizure violates the Fourth Amendment is whether the defendant's "reasonable expectation of privacy" has been violated.<ref>United States v. Katz, 389 U.S. 347 (1967)</ref>The defendant, through his or her own actions, may waive their right to protection from warrantless searches: "What a person knowingly exposes to the public ... is not a subject of Fourth Amendment protection" <ref> United States v. Katz, 389 U.S. at 351 (1967)</ref> |
Can a police officer walk up to your vehicle and place a GPS monitoring device on your car, tracking your every move for months on end? Until recently, the question was answered with an affirmative. The decisions of these lower courts was based on two U.S. Supreme Court cases: United States v. Knotts, 460 U.S. 276 (1983) and United States v. Karo, 468 U.S. 705 (1984). | Can a police officer walk up to your vehicle and place a GPS monitoring device on your car, tracking your every move for months on end? Until recently, the question was answered with an affirmative. The decisions of these lower courts was based on two U.S. Supreme Court cases: United States v. Knotts, 460 U.S. 276 (1983) and United States v. Karo, 468 U.S. 705 (1984). | ||
