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United States v. Jones — The Fourth Amendment and GPS Surveillance

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3 Responses

  1. Ronald Homer says:

    The privacy rational from Alito was remarkably vague. My summary of his opinion:

    1. trespass standard isn’t uniform enough. we need a reasonable privacy standard.

    2. Reasonable privacy is highly variable, based on culture and developing technology. We need congressional statutes defining reasonable privacy.

    3. Since we don’t have a good test for whether or not this was a violation of reasonable privacy, I’m going to say “yes, just because”, until i recieve further guidance from congress.

  2. Joe says:

    I didn’t get the sense Prof. Kerr beforehand thought the result would be thus but the citations are notable. His co-blogger, Eugene Volokh, also has been cited.

    I think Justice Sotomayor has an excellent opinion — she flags some serious issues but joins with Scalia, since he puts forth a “floor” that works better than Alito’s more pragmatic approach. As to Alito, well maybe, but the 4A IS pretty vague. What is “reasonable”? Case by case.

  3. Joe says:

    Well, maybe, it’s “should” be thus. See also his “fascinating” thoughts on the mosaic theory, which over at Volokh Conspiracy he notes survives, perhaps because Scalia didn’t think things through. Maybe, he can help.