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Category > Law Posted 18 Mar 2018 My Price 9.00

An officer who suspects the Defendant of drug dealing attaches a GPS tracking device to the undercarriage of the Defendant's vehicle

1. Do you think the conduct of the officer is a "search" within the 4th Amendment requiring a warrant? Why or why not?

 

2. Assuming a warrant is required, what practical problems may officers face in similar cases based on what you have learned about proper procedure for executing search warrants?

Please see attached document for discussion.

An officer who suspects the Defendant of drug dealing attaches a GPS tracking device to the undercarriage of the Defendant's vehicle while the vehicle is parked on a public parking lot. For several weeks, the officer uses the device to track the movements of the vehicle.

At trial, the defense objects to the use of the information obtained during the tracking, arguing that attachment of the device and subsequent use of it to monitor the movements of the vehicle is a "search" within the 4th Amendment requiring a warrant. The prosecutor counters there is no "search" within the meaning of the 4th Amendment because the Defendant had no expectation of privacy in the area of the vehicle accessed by the officer (the undercarriage) or in the locations of the vehicle on the public roads which were visible to everyone and anyone and so no warrant was required.

1.     Do you think the conduct of the officer is a "search" within the 4th Amendment requiring a warrant? Why or why not?

 

2.     Assuming a warrant is required, what practical problems may officers face in similar cases based on what you have learned about proper procedure for executing search warrants?

Answers

Martinakom
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Status NEW Posted 18 Mar 2018 03:03 AM My Price 9.00

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