Thursday, May 9, 2013
Orin Kerr, no fan of the "mosiac theory" of the Fourth Amendment, has this helpful post at The Volokh Conspiracy. In part:
The Supreme Court has consistently rejected having special kinds of probable cause in discrete settings, most recently in its unanimous decision this February in Florida v. Harris. See also United States v. Grubbs. Given that refusal to adopt special kinds of probable cause requirements, it seems a bit jarring for Judge Murphy to announce that warrants for location tracking have special requirements. Perhaps such special requirements are a good idea as a matter of policy. But it seems difficult to justify special rules of probable cause as a matter of Supreme Court doctrine in light of Harris and Grubbs.