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

Abstract

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

Suggested Citation

Mason, Caleb E., New Police Surveillance Technologies and the Good-Faith Exception: Warrantless GPS Tracker Evidence after United States v. Jones (October 1, 2012). Nevada Law Journal, Vol. 30, p. 60, Fall 2012. Available at SSRN: https://ssrn.com/abstract=2464243

Caleb E. Mason (Contact Author)

Brown White & Osborn LLP ( email )

333 S. Hope St.
40th Floor
Los Angeles, CA 90071
United States
2134062949 (Phone)
2134062949 (Fax)

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