Links

Columnists



Site Search


Entire (RSS)
Comments (RSS)

Archive Calendar

November 2020
S M T W T F S
1234567
891011121314
15161718192021
22232425262728
2930  

Guides

How to Become a Bounty Hunter



Tag: antoine jones

Justice Dept. Mulls Over Asking Supreme Court to Consider Case Involving GPS Device

By Allan Lengel
ticklethewire.com

The lawyers over at the Justice Department are trying to figure out whether they should ask the Supreme Court to consider a case with far reaching implications involving the use of a GPS to track a criminal, the Blog of Legal Times reports.

The case centers around former D.C. night club owner Antoine Jones, who was convicted of drug trafficking. Last August, the D.C. Court of Appeals vacated the conviction and life sentence, ruling that federal investigators violated his Fourth Amendment rights by not getting a warrant before they placed a GPS on his car. He remains in custody pending a new trial.

The deadline to file a petition before the court is April 15, the blog reported.

To read more click here.

Justice Dept. Wants Appeals Court to Reconsider Warrantless GPS Issue

gpsBy Allan Lengel
ticklethewire.com

WASHINGTON — The issue of law enforcement using warrantless GPS is still simmering.

The latest: The Justice Department on Monday asked the full U.S. Court of Appeals in D.C. to overturn a ruling by a three-judge panel, which said law enforcement must get a warrant when using a GPS to track a suspect, the BLT:The Blog of the Legal Times reports.

The three-judge panel ruled that authorities violated the privacy of Antoine Jones, the co-owner of a nightclub in Washington, by using the GPS to link him to a  suspected Maryland drug house, the blog reported. The court vacated his conviction and life sentence.

Federal prosecutors have cited a 1983 Supreme Court ruling that said a person traveling on a public road should have no expectation of privacy, the blog wrote.

Assistant U.S. Attorney Peter Smith wrote in the petition for a rehearing that the ruling”raises enormous practical problems for law enforcement,” the blog reported.

“The decision leaves unresolved precisely when the monitoring of a GPS device becomes a ‘search’ under the Fourth Amendment, and implicitly calls into question common and important practices such as sustained visual surveillance and photographic surveillance of public places,” Smith wrote, according to the blog.

OTHER STORIES OF INTEREST