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Wednesday, 9 November 2011

Which Way Privacy?

Antoine Jones was convicted in 2008 and sentenced to life in prison for possessing and conspiring to distribute more than 50 kilograms of cocaine. Key evidence in the case against him was obtained in 2005, when District of Columbia police got a warrant to secretly install a GPS device in order to monitor the Jeep Cherokee driven by Jones and his wife. The warrant expired after 10 days, but the police nevertheless used the GPS to monitor everywhere he drove, every 10 seconds, for 28 days. He led them to his “stash house” in a Maryland suburb, where they found powder and crack cocaine, plus $850,000 in cash. Jones tried to have his conviction set aside, arguing that warrantless GPS surveillance violated his Fourth Amendment right to be free of unreasonable government searches and seizures. The government replied that GPS tracking is no different from police observing activity in public spaces and roadways, which is not protected under the Constitution.    Read Full

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