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US government made precise GPS available to non-governmental users [this day at law]
May 2, 2013 by Kyle Webster
On May 2, 2000, the US discontinued the use of Selective Availability, a program that degraded the ability of non-governmental users to have access to precise Global Positioning Systems (GPS). President Bill Clinton made the announcement on May 1 that at midnight precisely, GPS would be made.... [more]
ACLU asks federal appeals court to rehear cell phone tracking case
September 6, 2012 by Jaimie Cremeans
The American Civil Liberties Union (ACLU) on Tuesday asked the US Court of Appeals for the Sixth Circuit to reconsider a case in which it decided last month that police use of GPS tracking on a person's cell phone is not an illegal search under the Fourth Amendment. The ACLU asserts that this.... [more]
ACLU files lawsuit seeking FBI memos on GPS tracking
August 16, 2012 by Max Slater
The American Civil Liberties Union (ACLU) filed a lawsuit on Wednesday under the Freedom of Information Act (FOIA) to compel the FBI to release two memoranda detailing the agency's policy on GPS tracking. The ACLU asserts that the memos were written shortly following the US Supreme Court decision.... [more]
Sixth Circuit rules police tracking of GPS in phone not an illegal search
August 14, 2012 by Rebecca DiLeonardo
A three-judge panel of the US Court of Appeals for the Sixth Circuit on Tuesday ruled that police did not violate the Fourth Amendment protection against illegal searches when they tracked a suspect's cell phone using the phone's global positioning system (GPS) signal. Melvin Skinner was convicted.... [more]
DOJ defends warrantless GPS tracking
June 1, 2012 by Rebecca DiLeonardo
A lawyer for the US Department of Justice (DOJ) on Thursday defended the warrantless use of global positioning system (GPS) devices on suspects' vehicles despite a January Supreme Court ruling declaring GPS tracking to be a "search" under the Fourth Amendment. In oral arguments before the US.... [more]
Government asked Supreme Court to rule on warrantless GPS tracking [this day at law]
April 15, 2012 by Cynthia Miley
On April 15, 2011, the Obama administration petitioned the US Supreme Court for certiorari in the case of US v. Maynard in an appeal from an August 2010 decision in the US Court of Appeals for the District of Columbia Circuit. Specifically, the government appealed the lower court's determination.... [more]
Supreme Court rules officers entitled to qualified immunity on defective warrants
February 23, 2012 by Julia Zebley
The US Supreme Court ruled 6-3 Tuesday in Messerschmidt v. Millender that police officers continue to have qualified immunity if a search warrant is later found invalid. Chief Justice John Roberts, writing for the majority, noted that the bar set in United States v. Leon is a high standard, where.... [more]
Jones: A Victory for Fourth Amendment Jurisprudence
February 7, 2012 by Megan McKee
JURIST Guest Columnist Corrie Thearle, University of Pittsburgh School of Law Class of 2012, is a Senior Editor for the Pittsburgh Journal of Environmental and Public Health Law. She discusses the Supreme Court's decision in United States v. Jones and its implications for Fourth Amendment search.... [more]
Supreme Court rules GPS tracking of vehicle constitutes search
January 23, 2012 by Jaclyn Belczyk
The US Supreme Court ruled Monday in United States v. Jones that the government's attachment of a global positioning system (GPS) device to a vehicle, and its use of that device to monitor the vehicle's movements, constitutes a search under the Fourth Amendment. The federal government sought.... [more]
Supreme Court overturns conviction due to DA withholding evidence
January 11, 2012 by Julia Zebley
The US Supreme Court ruled 8-1 Tuesday in Smith v. Cain to overturn the conviction of Juan Smith due to the New Orleans District Attorney's office withholding material evidence from the defense. Smith was convicted of murder largely on the testimony of one eyewitness. However, the District.... [more]
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