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N.D.Fla.: GPS on car not Fourth Amendment violation

By John Wesley Hall, Jr.

Placing a GPS device on defendant's car violated no Fourth Amendment rights under Cardwell and Knotts. Alternatively, placing the device was at least with reasonable suspicion. United States v. Burton, 2010 U.S. Dist. LEXIS 32217 (N.D. Fla. March 16, 2010): Applying the foregoing standards to the facts of this case, it is clear that the Defendant's request for operation of the Fourth Amendment exclusionary rule because of law enforcement's use of a GPS tracking device on the Defendant's vehicle to trace the Defendant's movements must be denied. First, the Defendant had no legitimate expectation of privacy in the movements of his automobile on public roads. The Defendant "voluntarily conveyed to anyone who wanted to look the fact that he was traveling over particular roads in a particular direction, the fact of whatever stops he made, and the fact of his final destination when he exited from public roads onto private property...continue to full post

Full post as published by Fourth Amendment on April 03, 2010 (boomark / email).