Abstract

http://ssrn.com/abstract=2225917
 
 

Footnotes (69)



 


 



Back to the Future: The Curious Case of United States v. Jones


Erin Murphy


New York University School of Law

2012

Ohio State Journal of Criminal Law, Vol. 10, No. 1, 2012
NYU School of Law, Public Law Research Paper No. 13-10

Abstract:     
Historically, the Supreme Court has couched the protections of the Fourth Amendment in the language of privacy and property. Yet expectations about freedom from government interference are no longer solely expressed in those terms. People routinely trade their privacy or property interests for complimentary e-mail services or faster toll crossings, and yet unfettered access to such information strikes many observers as contrary to the Fourth Amendment’s core values. If neither privacy nor property theories provide a constitutional basis for oversight, however, then what does?

In Jones, the Justices were confronted with just this dilemma. In response, as this Essay will show, roughly half of the Justices followed Justice Scalia into the shelter of originalism. The other half, led by Justice Alito, ventured a bit more boldly into the great unknown, but ultimately punted responsibility to a coordinate branch. Only Justice Sotomayor made a first attempt at tackling the problem, but she wrote alone. Regrettably, none of the opinions offered lasting guidance to lower courts, much less to law enforcement actors. Nevertheless, this essay argues that each is still notable for some aspect of what it conveys. Moreover, it closes by postulating that Jones is most interesting for what it didn’t say — press reports proclaiming "warrant needed for GPS tracking!" notwithstanding.

Number of Pages in PDF File: 17

Keywords: GPS, criminal procedure, technology, location tracking

Accepted Paper Series





Download This Paper

Date posted: February 28, 2013 ; Last revised: March 12, 2013

Suggested Citation

Murphy, Erin, Back to the Future: The Curious Case of United States v. Jones (2012). Ohio State Journal of Criminal Law, Vol. 10, No. 1, 2012; NYU School of Law, Public Law Research Paper No. 13-10. Available at SSRN: http://ssrn.com/abstract=2225917

Contact Information

Erin Elizabeth Murphy (Contact Author)
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012
United States
212-998-6672 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 239
Downloads: 61
Download Rank: 214,498
Footnotes:  69

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.328 seconds