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W.D.Mich.: GPS monitoring of vehicle valid, declining to follow Maynard

By John Wesley Hall, Jr.

Live monitoring of GPS on defendant’s car four separate times did not violate the Fourth Amendment, straining to find a way to distinguish Maynard, and following the majority view. United States v. Walker, 2011 U.S. Dist. LEXIS 13760 (W.D. Mich. February 11, 2011), R&R 2011 U.S. Dist. LEXIS 13717 (W.D. Mich. January 7, 2011): As Defendant notes in her objections, the Supreme Court has not yet considered whether GPS monitoring of a vehicle’s location constitutes a Fourth Amendment search, but several circuit courts have and are split on the issue. (Objections ¶ 11.) Defendant relies on a recent decision by the Court of Appeals for the District of Columbia Circuit holding that prolonged GPS monitoring — 24 hours a day for four weeks — was a Fourth Amendment search and was unreasonable without a warrant...continue to full post

Full post as published by Fourth Amendment on February 15, 2011 (boomark / email).