CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, August 8, 2011

"Big Brother is tracking you: GPS and the 4th Amendment"

From (hat tip to, previewing an upcoming Supreme Court case:

Judge Douglas Ginsburg, a Reagan appointee, in his summation of the D.C. court's unanimous decision, said the panel was persuaded that in fact Jones' movements during the month he was tracked by GPS were "not exposed to the public."

"First, unlike one's movements during a single journey, the whole of one's movements over the course of a month is not actually exposed to the public because the likelihood anyone will observe all those movements is effectively nil," he wrote.

"Second, the whole of one's movements is not exposed constructively even though each individual movement is exposed, because that whole reveals more -- sometimes a great deal more -- than does the sum of its parts."

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