Comment: Fundamental Misunderstanding of the Law (Score 5, Informative) 202
The summary of this article is just wrong. The Supreme Court has not said that the issue is unclear - it has merely agreed to hear a case about whether a specific decision made by the U.S. Circuit Court for the District of Columbia conflicts with existing Supreme Court precedent.
To the extent that you can infer anything from the Supreme Court's grant of certiorari, it is equally likely to conclude that they took the case in order to slap down the D.C. Circuit's novel approach to the 4th Amendment.
The existing precedent, by the way, is that we have no reasonable expectation of privacy in our cars. As a result, it is not an "unreasonable" search or seizure to attach beepers or other devices to our cars in order to monitor our movements.
In fact, the judge in this case does an excellent job summarizing and applying the relevant case law. He points to a case from the 7th Circuit Court of Appeals (which is the relevant circuit for St. Louis) clearly stating that putting a tracker on a car and then later retreiving it is not a constitutionally prohibited search or seizure.
Agree or disagree on whether we have a reasonable expectation of privacy in our cars - the judge in this case acted properly. It would have violated another constitutional right - the one to a speedy trial - if he had simply delayed the issuance of his opinion until after the Supreme Court issues its (entirely discretionary) opinion.
What a silly article.