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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:

Details.

Given the SCOTUS requirement for a warrant in the McNeely blood draw case, is the national trend toward requiring warrants?
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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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?
 
Posts: 1 | Location: Houston, TX | Registered: July 08, 2003Reply With QuoteReport This Post
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