In U.S. v. Jones, the Supreme Court ruled on Fourth Amendment challenge to GPS. In Jones, the FBI and DC police installed a GPS on Antoine Jones', a DC nightclub owner, car.  They used the GPS data to follow Jones around for a month.  The cops used the information they gathered to obtain a search warrant. The cops used the search warrant to seize lots of cocaine and money.  The cops used the money and cocaine to prosecute Jones.

Jones' lawyer moved to suppress the evidence seized as a result of the GPS information (the fruit of the poisonous tree) as the GPS was placed on the car without a warrant. [There actually was a warrant, but it was only valid for 10 days and only allowed the GPS to be placed on the car in DC.  The cops waited until the 11th day and placed the GPS on in Maryland.] The Government argued that they did not need a warrant to attach the GPS. The DC District Court sided with the Government because, they held Jones did not have a reasonable expectation to privacy in the GPS data and allowed introduction of the evidence.  The Defendant appealed, the appellate court reversed, the Government appealed to the Supreme Court.

A majority of the justices of the Supreme Court hold that (1) the Fourth Amendment is violated when someones property, person or effects are intruded upon and Jones is car is an effect; and (2) that since the jurisprudence of the fourth amendment is based on common law notions of trespass and the cops putting the GPS on Jones' car was a trespass.

This holding seemingly expands the protections of the fourth by reinvigorating the pre-Katz intrusion as trespass doctrine and because five of the justices held also keeping 'legitimate expectation of privacy in the area searched' alive and well.

If you have a search and seizure issue in your DUI or other criminal case call me at (213) 479-5322 or click here to visit my DUI website or here to visit my general criminal website.