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Monday, June 27, 2011

Supreme Court takes cert on "prolonged surveillance" case

The Blog of the Legal Times is reporting that the Supreme Court has taken cert on the United States v. Maynard case, which caused quite a stir last year, owing in part to the DC Circuit's suggestion that "comprehensive and sustained monitoring" of individuals by GPS, even those who were traveling in public spaces, violated the Fourth Amendment.  This in turn cast doubt on any number of surveillance practices that might extend indefinitely, including visual surveillance of persons in public (where, presumably, none of us ought to have a reasonable expectation of privacy).  As a former prosecutor, I agree with Orin's blog post last year that the DC's approach is entirely unworkable.  I assume Justice Alito will feel the same way.   

Posted by Miriam Baer on June 27, 2011 at 06:44 PM | Permalink


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