When SCOTUS decided the Jones case and said placing a GPS device on a car was a search, the Court did not decide whether a warrant was required. Texas law has not required a warrant. But here is one federal court that has said a warrant is required:
Given the SCOTUS requirement for a warrant in the McNeely blood draw case, is the national trend toward requiring warrants?
It seems pretty clear to me that the trespass theory of "search" would apply if you are affixing a device to the car. It is a "search" under the 4th amendment.
Is there any argument that it is inapplicable to the states?
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