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Friday, February 02, 2007

Ind. Decisions - 7th Circuit Wisconsin decision of interest

Howard Bashman of How Appealing has an entry this afternoon taking note of today's 7th Circuit opinion in U.S. v. Garcia. He writes:

As the saying goes, it's not paranoia if they're really out to get you: Those who fear that the government may be monitoring their every move suffered a legal setback from the U.S. Court of Appeals for the Seventh Circuit today. A unanimous three-judge panel, in an opinion by Circuit Judge Richard A. Posner, held that the police did not violate a drug suspect's Fourth Amendment rights when the police attached a GPS tracking device to the suspect's car without first having sought or obtained court approval.

Today's opinion suggests that the Fourth Amendment calculus might produce a different answer if the government were actually tracking everyone, a group that by definition includes appellate judges. But since, as far as we know, the government isn't yet tracking everyone, folks whom the government is in fact tracking are well advised not to drive their cars repeatedly to remote areas where their meth labs are located.

Posted by Marcia Oddi on February 2, 2007 03:04 PM
Posted to Ind. (7th Cir.) Decisions