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OH9: GPS: Whether there is a REP in not having GPS hooked to car's wiring needs to be decided

By John Wesley Hall, Jr.

Defendant claimed that he had a reasonable expectation of privacy not to have a government planted GPS hooked up to the wiring of his car. The trial court did not decide this issue, and it is remanded for another hearing. State v. Dalton, 2009 Ohio 6910, 2009 Ohio App. LEXIS 5804 (9th Dist. December 30, 2009): [*P15] In his motion to suppress, Dalton argued that he had a reasonable expectation of privacy in the electrical system of his vehicle and that his "right to be free from unreasonable search and seizure was violated when police wired the GPS tracking device into his vehicle's electrical system in order to gain information on the travels and locations of the vehicle." Therefore, Dalton was not only arguing that the information gathered from the GPS device amounted to an unlawful search and seizure, but also that the warrantless placement of the GPS device on his car was unconstitutional...continue to full post

Full post as published by Fourth Amendment on January 04, 2010 (boomark / email).