United States v. Jones: GPS Monitoring, Property, and Privacy, Richard M. Thompson II, Legislative Attorney, April 30, 2012
“In United States v. Jones, 132 S. Ct. 945 (2012), all nine Supreme Court Justices agreed that Jones was searched when the police attached a Global Positioning System (GPS) device to the undercarriage of his car and tracked his movements for four weeks. The Court, however, splintered on what constituted the search: the attachment of the device or the long-term monitoring. The majority held that the attachment of the GPS device and an attempt to obtain information was the violation; Justice Alito, concurring, argued that the monitoring was a violation of Joness reasonable expectation of privacy; and Justice Sotomayor, also concurring, agreed with them both, but would provide further Fourth Amendment protections. This report will examine these three decisions in an effort to find their place in the body of existing Fourth Amendment law pertaining to privacy, property, and technology.”
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