New Police Surveillance Technologies and the Good-Faith Exception: Warrantless GPS Tracker Evidence after United States v. Jones
35 Pages Posted: 11 Jul 2014
Date Written: October 1, 2012
This article examines the ways in which the Court's new "faith-in-caselaw" rule, announced in Davis v. United States, will affect Fourth Amendment litigation over evolving police surveillance technology. Davis held that there is no suppression remedy when at the time a search was conducted, governing appellate caselaw authorized the search -- even when that caselaw is overturned while the conviction is on direct appeal. Davis may make it much more difficult to challenge application of Fourth Amendment precedents to evolving technologies. I use the example of GPS surveillance and show how Davis will affect suppression remedies in every state and circuit, based on prior governing caselaw on tracking technology.
Keywords: GPS, tracking, surveillance, Fourth Amendment, suppression, good faith
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