Police, The Fourth Amendment, Qualified Immunity

Warrantless GPS tracking by police and the Jones case

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The U.S. Supreme Court GPS tracker case is all over the news because they just had oral hearings. No decision for many months, of course. Jones is a criminal case involving the exclusionary rule, not a civil case involving damages.

Still, the case is relevant to this civil case oriented blog for the following reason. If Defendant Jones wins and the GPS is excluded, it just means that police will stop introducing GPS tracking evidence in criminal courts. It does not mean they will stop warrantlessly tracking people with GPS.

If the courts are going to get police to stop using planted GPS devices without a warrant then there will have to be a civil case. To me, this highlights a fundamental weakness in the exclusionary rule, and even a reason for getting rid of the exclusionary rule altogether.

Written by Burgers Allday

November 10, 2011 at 8:23 am

Posted in Uncategorized

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