» There’s one particularly amazing line in this story: ”In some cases, he said, the FBI sought court orders to obtain permission to turn the devices on briefly — only in order to locate and retrieve them.” If you remember, the FBI had to stop using tracking devices as the result of a Supreme Court ruling that ruled that the practice was illegal without a warrant. So everyone, have a small chuckle at the fact that FBI can’t find some of its GPS devices.
Just decided: The Supreme Court decided in favor of nightclub owner Antoine Jones, convicted of drug conspiracy based partly on GPS evidence, saying that the federal government needs a warrant when using a GPS device to track someone. Here’s the decision. A key line from Antonin Scalia’s main opinion here: “It is important to be clear about what occurred in this case: The Government physically occupied private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted.”
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