Supreme Court May Examine GPS Surveillance Issue


Last October, we reported on a unanimous ruling by the U.S. Court of Appeals for the D.C. Circuit, holding that prosecutors must obtain a warrant before attaching a GPS device to a criminal suspect’s car.

The court found in that case that the act of attaching such a device to a suspect’s vehicle is a “search” that requires a warrant from a judge under the Fourth Amendment.

At the time, we predicted that the case might go to the U.S. Supreme Court, and now it has, at least for consideration. Last month the U.S. Department of Justice asked the high court to review the October 2010 D.C. Circuit ruling. The petition for certiorari, filed by Acting Solicitor General Neal Katyal, cites a conflict between the D.C. Circuit, on the one hand, and the 7th, 8th, and 9th Circuits, on the other hand.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jeff Ifrah | Attorney Advertising

Written by:


Jeff Ifrah on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.