Attorneys from the American Civil Liberties Union and the Electronic Frontier Foundation filed a friend-of-the-court brief in the case arguing that absent a warrant, the planting of the device was an illegal search under the US Constitution’s Fourth Amendment. The appeals court on Friday firmly rejected federal prosecutors’ arguments that the suspect had no reasonable expectation of privacy because the vehicle’s whereabouts could have been easily tracked using human surveillance.
“It is one thing for a passerby to observe or even to follow someone during a single journey as he goes to the market or returns home from work,” Judge Douglas H. Ginsburg wrote. “It is another thing entirely for that stranger to pick up the scent again the next day and the day after that, week in and week out, dogging his prey until he has identified all the places, people, amusements, and chores that make up that person‘s hitherto private routine.
Would be surprised if it’s overturned, but really the warrantless aspect has made it way too easy to just use it on everybody.
Wait till they get face recognition working on CCTV…