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fbi-use-of-global-postioning-system-gps-tracking — Part 01
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be inclined to agree with" district court's treatment)). Indeed, they have reached that
conclusion in cases involving prolonged GPS monitoring. See People y. Weaver. 909
N.E.2d 1194, 1199 (N.Y.2009) (Prolonged GPS monitoring *yields ... a highly detailed
profile, not simply of where we go, but by easy inference, of our associations-political,
rchigious, armicable arid auriorous, to name oniy a few-and of the pattern of our
professional and avocational pursuits'); State v. Jackson, 76 P.3d 217, 224 (Wash.2003)
(en banc) ("In this age, vehicles are used to take people to a vast number of places that
can reveal preferences, alignments, associations, personal ails and foibles. The GPS
tracking devices record all of these travels, and thus can provide a detailed picture of
one's life.").
*14 A reasonable person does not expect anyone to monitor and retain a record of
every time he drives his car, including his origin, route, destination, and each place he
stops and how long he stays there; rather, he expects each of those movements to remain
(1970) (Breitel, J., concurring). In this way the extended recordation of a person's
movements is, like the "manipulation of a bus passenger's carry-on' canvas bag in Bond,
not what we expect anyone to do, and it reveals more than we expect anyone to know.
529 U.S. at 339
3. Was Jones's expectation of privacy reasonable?
It does not apodictically follow that, because the aggregation of Jones's movements
over the course of a month was not exposed to the public, his expectation of privacy in
those movements was reasonable; "legitimation of expectations of privacy must have a
source outside the Fourth Amendment," such as "understandings that are recognized or
permitted by society," United States v. Jacobsen, 466 U.S. 109, 123 n.22 (1984) (quoting
Rakas, 439 U.S. at 143 n.12). So it is that, because the "Congress has decided .. to treat
the interest in 'privately' possessing cocaine as illegitimate, "governmental conduct that
can reveal whether a substance is cocaine, and no other arguably 'private' fact,
compromises no legitimate privacy interest." Id. at 123.
The Government suggests Jones's expectation of privacy in his movements was.
unreasonable because those movements took place in his vehicle, on a public way, rather
than inside his home. That the police tracked Jones's movements in his Jeep rather than in
his home is certainly relevant to the reasonableness of his expectation of privacy; "in the
sanctity of the home," the Court has observed, " all details are intimate details," Kyllo,
533 U.S. at 37. A person does not leave his privacy behind when he walks out his front
door, however. On the contrary, in Katz the Court clearly stated "what [one] seeks to
preserve as private, even in an area accessible to the public, may be constitutionally
protected." 389 U .S. at 351. Or, as this court has said, outside the home, the "Fourth
Amendment ... secur[es] for each individual a private enclave, a 'zone' bounded by the
individual's own reasonable expectations of privacy." Reporters Comm. for Freedom of
Press v. AT & T, 593 F.2d 1030, 1042-43 (1978)
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TTUOTD
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