In a recent US v. Jones, (January 2012) decision the US Supreme Court held that \u201cthe Government\u2019s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle\u2019s movements, constitutes a search under the Fourth Amendment.\u201d\u00a0 In Jones, the police obtained the warrant but didn\u2019t quite properly execute it.\u00a0 While the Jones case was mostly the 4th Amendment of the US Constitution and its protections and warrant issues, the key issue in my mind was the surveillance and how far it can go without the warrant.\u00a0 Warrant less surveillance has been a hot topic forever.\u00a0 Law responds depending on political movement of what is considered the bad guy at that certain period of time.<\/p>\n
Now, US Supreme Court is going to hear a new case.\u00a0 This time the question involves a post Sept. 11 government\u2019s aggressive use of electronic surveillance.\u00a0 The scrutiny is over the validity of an amendment to the Foreign Intelligence Surveillance Act (FISA) which is about disclosure of the \u201csecret program to wiretap the international communications of people suspected of terrorist ties without obtaining court warrants,\u201d according to the New York times.\u00a0 In other words its about the wiretapping law of 2008.<\/p>\n
While I clearly understand the \u201csecurity\u201d reasons behind this particular legislation, it is always the current state of affairs in the country that makes up the decision of the judges.\u00a0 I find it fascinating how each new legislation especially of this huge caliber brings out the gray area that eventually shapes our legal history in the long run.<\/p>\n
See below, Supreme Court Agrees to Hear Case on Surveillance, by Adam Liptak, May 21, 2012 \u2028 http:\/\/www.nytimes.com\/2012\/05\/22\/us\/justices-agree-to-hear-surveillance-challenge.html?_r=1&hp<\/a><\/p>\n Written by Margarita Smirnova, Esq.<\/p>\n If you have a specific question relating to your business, please contact Call: (617)398-7482<\/p>\n E-mail: margarita.smirnova@gmail.com<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" In a recent US v. Jones, (January 2012) decision the US Supreme Court held that \u201cthe Government\u2019s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle\u2019s movements, constitutes a search under the Fourth Amendment.\u201d\u00a0 In Jones, the police obtained the warrant but didn\u2019t quite properly execute …<\/p>\n
\nMargarita<\/p>\n