October 23, 2013, 11:03JB
Jones and GPS
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?
November 08, 2013, 22:14Arlen Pruitt
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?