A California attorney, Neil Shapiro, has written an article in the Monterey Herald about the conflicting Circuit Court decisions on GPS tracking.
See here and here on the blog and here for a draft of an article I am publishing on the topic this winter. Shapiro suggests that if the Supreme Court takes up the issue, the Court is likely to extend the precedent of Knotts and allow warrantless GPS tracking. Predicting what the Court will do with a case like this is especially tricky, since the typical liberal-conservative divide on the Court seems to break down in some Fourth Amendment cases.
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