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Monday, November 29, 2010

DC Circuit Denies En Banc Review of Maynard GPS Tracking Decision – Supreme Court Next?

Sorry I missed this over Thanksgiving. The DC Circuit denied en banc review of the Maynard decision.

There is a decent chance of Supreme Court review here, I would think. Prior to August 2010, based on the Supreme Court's decisions in Knotts and Karo, the Federal courts that have considered the question of GPS monitoring had universally permitted the placement and use of the devices on public streets. On the Circuit Court level, the Seventh, Eighth and Ninth Circuits explicitly permitted warrantless GPS tracking. Lots, including links to prior Supreme Court decisions, can be found elsewhere on this blog.

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