Almost all of usrely on technology to carry out our day-to-day
activities. We carry one, if not two devices such as a smart
phone or tablet with us at all times. Courts continue to
struggle to figure out how our use of these devices fit within
notions of privacy and the 4th Amendment.
Previously,
we discussed the Supreme Court's decision in United States
v. Jones, a case addressing the use of GPS tracking
devices to trace criminal suspects. There, the Court held
that GPS monitoring constitutes a search, although not one always
requiring a warrant. The Court suggested that a warrant is
required where long-term monitoring occurs, but is not necessary
where monitoring only takes place for one to two days. Not
surprisingly, this decision raised numerous questions regarding the
interplay between technology and privacy.
