GPS violated 4th Amendment, Supreme Court rules

Posted on January 21st, 2012 by Leah Schonell and filed under Justice Points

Attaching a GPS to a car for the purposes of gathering evidence is a search and is prohibited by the Fourth Amendment, the U.S. Supreme Court has ruled.   The justices were unanimous in their opinion in U.S. v. Jones, but divided on the rationale.  While the majority based its holding on search and seizure law, Justice Samuel Alito’s concurrence said the court should rely on whether the respondent’s reasonable expectations of privacy were violated.  Justice Sonia Sotomayor joined the majority opinion, authored by Justice Antonin Scalia, but also wrote a separate concurrence to suggest that the court may need to revisit privacy issues. Also joining in the majority were Chief Justice John Roberts and Justices Clarence Thomas and Anthony Kennedy.

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