VA Court Gives the Go-Ahead for GPS Tracking of Suspects: A Virginia appeals court today upheld the ability of police to place a GPS monitoring device on a suspect's vehicle without a warrant. David Foltz was already a registered sex offender when he became a suspect in a string of new sexual assaults, prompting police to place a GPS device on his work van. As a result of Foltz's monitored movements and further police surveillance, he was convicted of abduction with intent to defile and sentenced to life. Despite Foltz's arguments that his Fourth Amendment rights had been violated, the court found that placement of the device on the outside of the van did not constitute a search or seizure giving rise to such a claim. Other courts have reached the opposite conclusion in similar cases, leaving this issue possibly ripe for SCOTUS review. Read the Washington Post's article here.
Ban on Student Drug Testing Upheld in CA: As the San Francisco Chronicle reports (and as an update to a previous News Scan post) a California appeals court last week upheld a ban on drug testing students in extracurricular activities until legality of the testing can be determined. According to school officials, the district implemented the drug testing program after hearing reports of drug use within some school clubs, relying on a 2002 SCOTUS decision (Board of Education v. Earls) that such testing was constitutional. In an opinion written by California Supreme Court Chief Justice nominee Tani Cantil-Sakauye, however, the appeals court found that the testing is likely illegal under the more protective California constitution.
Court Tosses Out FL Death Row Inmate's Lawsuit Against Victim: The St. Petersburg Times (FL) has this story about a gratifying end to a death row inmate's lawsuit against his victim's estate. Seven years ago, William Deparvine responded to an ad placed by victim Richard Van Busen selling a refurbished 1971 Chevy Cheyenne. After typing up a bill of sale, Deparvine murdered Van Busen and his wife, leaving their bodies facedown in a dirt highway. From death row, Deparvine has accused Van Busen's family of stealing the truck from him - even contacting Van Busen's daughter personally - and pointed to the bill of sale as his proof of ownership. Last week, a Florida appeals court affirmed that Van Busen's estate was the rightful owner of the vehicle. The family remains doubtful that this will be the end of Deparvine's harassment.
Ban on Student Drug Testing Upheld in CA: As the San Francisco Chronicle reports (and as an update to a previous News Scan post) a California appeals court last week upheld a ban on drug testing students in extracurricular activities until legality of the testing can be determined. According to school officials, the district implemented the drug testing program after hearing reports of drug use within some school clubs, relying on a 2002 SCOTUS decision (Board of Education v. Earls) that such testing was constitutional. In an opinion written by California Supreme Court Chief Justice nominee Tani Cantil-Sakauye, however, the appeals court found that the testing is likely illegal under the more protective California constitution.
Court Tosses Out FL Death Row Inmate's Lawsuit Against Victim: The St. Petersburg Times (FL) has this story about a gratifying end to a death row inmate's lawsuit against his victim's estate. Seven years ago, William Deparvine responded to an ad placed by victim Richard Van Busen selling a refurbished 1971 Chevy Cheyenne. After typing up a bill of sale, Deparvine murdered Van Busen and his wife, leaving their bodies facedown in a dirt highway. From death row, Deparvine has accused Van Busen's family of stealing the truck from him - even contacting Van Busen's daughter personally - and pointed to the bill of sale as his proof of ownership. Last week, a Florida appeals court affirmed that Van Busen's estate was the rightful owner of the vehicle. The family remains doubtful that this will be the end of Deparvine's harassment.
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