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Does GPS tracking violate the 4th amendment?

bradley13 (1118935) writes | more than 3 years ago

0

bradley13 writes "Last year, college student Yasir Afifi discovered a GPS tracking device that had been attached to his car. After he discovered it, the FBi showed up and demanded that he hand it over. They told him that they would make his life difficult if he did not cooperate by giving the device back. The FBI had no warrant or court order allowing surveillance.

Now Yasar Afifi is filing suit, hoping to get a ruling that installing tracking devices without a warrant violates the fourth amendment. Unfortunately, his local federal district court is the 9th circuit, which has already decided two similar cases, coming down in favor of tracking.

The key part of the reasoning in the previous cases is this: "attaching the tracking device ... did not constitute a 'search' cognizable under the Fourth Amendment because '[t]he undercarriage is part of the car's exterior, and as such, is not afforded a reasonable expectation of privacy.'” Very strained reasoning indeed, since the point of the tracking device is not a search of the undercarriage, but rather a search of a person's movements."

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