Legalities of GPS and Cell Phone Surveillance ( Law, Crime and Law Enforcement )

Publication series :Law, Crime and Law Enforcement

Author: Emily M. Johnson;Michael J. Rodriguez  

Publisher: Nova Science Publishers, Inc.‎

Publication year: 2016

E-ISBN: 9781622570454

Subject: L No classification

Keyword: 暂无分类

Language: ENG

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Legalities of GPS and Cell Phone Surveillance

Chapter

The Fourth Amendment and Technology

GPS MONITORING: STATES’ RESPONSES

GPS MONITORING: FEDERAL COURTS

DIFFERING DECISIONS

COMPETING INTERESTS

CONCLUSION

End Notes

Chapter 2: GOVERNMENTAL TRACKING OF CELL PHONES AND VEHICLES: THE CONFLUENCE OF PRIVACY, TECHNOLOGY, AND LAW

SUMMARY

INTRODUCTION

FOURTH AMENDMENT AND PRIVACY

FEDERAL SURVEILLANCE STATUTORY FRAMEWORK

Electronic Communications Privacy Act (ECPA)

Evidentiary Standards of Proof under ECPA

CELL PHONE SURVEILLANCE IN THE COURTS

Third Circuit Approach

Conflict in the Lower Courts

Hybrid Theory

GOVERNMENTAL SURVEILLANCE OF VEHICLES

United States v. Knotts: Surveillance on Public Roadways

United States v. Karo: Surveillance on Private Property

GPS Tracking in the Seventh and Ninth Circuits

United States v. Jones: Supreme Court Review

PENDING LEGISLATION BEFORE THE 112TH CONGRESS

Electronic Communications Privacy Act Amendments Act of 2011 (S. 1011)

Geolocational Privacy and Surveillance Act (GPS Bill; S. 1212 and H.R. 2168)

CONCLUSION

End Notes

Chapter 3: UNITED STATES V. JONES: GPS MONITORING, PROPERTY, AND PRIVACY

SUMMARY

INTRODUCTION

UNITED STATES V. JONES: A PROPERTY-BASED APPROACH TO THE FOURTH AMENDMENT

THE IMPLICATIONS OF JONES AND TECHNOLOGY

Justice Alito’s Concurrence: A Katz-Based Approach

Justice Sotomayor’s Concurrence: The Broadest Reading of the Fourth Amendment

WARRANT REQUIREMENT AFTER JONES

CONCLUSION

End Notes

Chapter 4: DECISION OF THE SUPREME COURT OF THE UNITED STATES IN THE CASE OF UNITED STATES V. JONES

Opinion of the Court

I

II

A

B

III

Alito, J., Concurring in Judgment

I

A

B

II

III

IV

A

B

V

End Notes

INDEX

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