Tuesday, October 22, 2013

Third Circuit: Warrant required for GPS tracking (Katzin); answers what Sup. Ct. reserved in Jones

The Third Circuit issued its opinion in United States v. Katzin, today, holding that a warrant based on probable cause must be obtained by law enforcement to track a car with GPS (to comport with the Fourth Amendment). This is the first circuit court decision to plow head on into the issue the Supreme Court reserved judgment on in United States v. Jones. The majority opinion was written by Judge Greenaway, Jr, with a concurrence in part/dissent in part by Judge Van Antwerpen. The opinion is quite lengthy - 61 pages for the majority, 55 for the concurrence/dissent.

A previous post of mine compiled all of the Katzin case materials; that post can be found here:
Case Prep (all briefs & materials): US v. Katzin - GPS case before Third Circuit on Tuesday 3/19/13

The majority opinion spills a lot of ink reviewing the precedent from other circuits, including a detailed analysis of Maynard (affirdmed sub nom. United States v. Jones). And, of course, Mosaic Theory is discussed (Orin's article on Mosaic Theory is cited in the concurrence/dissent).

My law review article on Mosaic Theory is here:
Justin P. Webb, Car-ving Out Notions of Privacy: The Impact of GPS Tracking and Why Maynard is a Move in the Right Direction, 95 Marq. L. Rev. 751 (2011).

Orin's is here:
Orin Kerr, The Mosaic Theory of the Fourth Amendment, 110 Mich. L. Rev. 311 (2012).


Other coverage:

Cyrus Farivar at Ars Technica has a write up, here:
Appellate court: Nope, feds can’t just GPS track your car without a warrant

Kim Zetter at Threat Level:
Court Rules Probable-Cause Warrant Required for GPS Trackers

The ACLU has a write-up of the case on their blog:
VICTORY! Federal Appeals Court Rules Warrant Required for GPS Tracking

Orin Kerr has indicated he's going to have a post on the case on the Volokh Conspiracy soon.
Update (3am) - here it is: Third Circuit Requires Warrant for GPS Monitoring and Limits Good-Faith Exception in United States v. Katzin


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