The long and short of it

Posted by brestonlaw on January 23rd, 2012 under 4th Amendment, Harris County defense attorneys, Supreme Court Cases  •  No Comments

Well, I will not bore what I believe to be the majority of my laymen followers with the legal wranglings that led to this latest Supreme Court decision. Instead I’ll just give you the lowdown.

Are you ready for this? Today the Supreme Court decided that police must obtain a search warrant in order to use GPS technology to track a suspected criminal. The reason for this is that the majority ruling of the 9 justices feel that GPS tracking is akin to a search which thus requires a warrant - otherwise rendering its use to be the same as an ‘illegal search’. To put it more clearly:

All nine justices agreed that GPS monitoring violates the Fourth Amendment’s protection against unreasonable search and seizure. Moreover, the justices opined that ‘the trespass was not as important as the suspect’s expectation of privacy and that the long-term duration of the surveillance impinged on that expectation of privacy’.

Frankly, in a world in which the lines continue to be blurred when it comes to the Constitutional rights of individuals in this country - this ruling is like a breath of fresh air. One for the little guy and all that.

There’s more to this story - which we will take up in tomorrow’s blog. For now -

contact the David Breston Law Firm if you need a Harris County criminal defense lawyer at 713-224-4040 or 888-220-4040. He is a reputable Harris County criminal defense attorney.


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