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Submission + - Department of Justice Defends Warrantless GPS Tracking (jurist.org)

Attila Dimedici writes: The U.S. government told a federal appeals court Thursday that it still has the right to place Global Positioning System tracking devices on cars without obtaining a search warrant—despite a January Supreme Court ruling that the warrantless installation of such a device violated the Constitution. Another article on the subject points out that despite claiming that a warrant is not necessary the Justice Department has instructed agents and prosecutors to obtain one going forward. Is the Justice Department correct that since the Supreme Court did not explicitly say that this particular usage of GPS tracking without a warrant was unconstitutional they have leeway to do so? Or should the Justice Department be staying away from constitutional gray areas in order to be sure that they are not violating it?

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