United States v. Maynard — GPS Tracking is a Search
August 15th, 2010Two considerations persuade us the information the police discovered in this case — the totality of Jones‘s movements over the course of a month — was not exposed to the public: First, unlike one‘s movements during a single journey, the whole of one‘s movements over the course of a month is not actually exposed to the public because the likelihood anyone will observe all those movements is effectively nil. Second, the whole of one‘s movements is not exposed constructively even though each individual movement is exposed, because that whole reveals more — sometimes a great deal more — than does the sum of its parts.
Source: United States v. Maynard, No. 08-3030, slip op. at 22 (D.C. Cir. Aug. 6, 2010) [PDF]; see also United States v. Pineda-Moreno, No. 08-30385, Order at 11514 (9th Cir. Aug. 12, 2010) (Kozinski, J dissenting) [PDF]:
I don’t think that most people in the United States would agree with the panel that someone who leaves his car parked in his driveway outside the door of his home invites people to crawl under it and attach a device that will track the vehicle’s every movement and transmit that information to total strangers. There is something creepy and un-American about such clandestine and underhanded behavior. To those of us who have lived under a totalitarian regime, there is an eerie feeling of déjà vu. This case, if any, deserves the comprehensive, mature and diverse consideration that an en banc panel can provide. We are taking a giant leap into the unknown, and the consequences for ourselves and our children may be dire and irreversible. Some day, soon, we may wake up and find we’re living in Oceania.




