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Cert. Petition in GPS Tracking Case

The US Solicitor General has petitioned for certiorari in United States v. Antoine Jones, presenting the following question:

Whether the warrantless use of a tracking device on petitioner's vehicle to monitor its movements on public streets violated the Fourth Amendment.
Mike Scarcella has this post at BLT.  The petition is here.  It cites a split between the D.C. Circuit and the Seventh, Eighth, and Ninth Circuits.  Scarcella reports that Jones's attorney is not a happy camper.

Jones' appellate lawyer, Stephen Leckar of Washington's Shainis & Peltzman, said it's "regrettable the Obama administration, which touted itself as a breath of fresh air, seems to be resistant when it comes to advancing the Fourth Amendment's interest in protecting a citizen's right to privacy."

Orin Kerr had this long post on the "mosaic theory" of the D.C. Circuit's opinion when it came out last year.

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