Monday, January 23, 2012
The case is United States v. Jones. Justice Scalia's opinion for the Court views Katz as supplementing rather than replacing the earlier regulation of physical trespasses by government and relies on the trespass in placing a GPS device on a vehicle to conclude that a search occurred. Justice Alito's opinion concurring in the judgment, joined by Justices Ginsburg, Breyer, and Kagan, objects to the revival of the trespass focus but concludes a search occurred using the Katz test. Justice Sotomayor joined Justice Scalia's opinion but also concurred to agree with much of the Alito opinion.