Reference no: EM131457960

Discussion -

An officer who suspects the Defendant of drug dealing attaches a GPS tracking device to the undercarriage of the Defendant's vehicle while the vehicle is parked on a public parking lot. For several weeks, the officer uses the device to track the movements of the vehicle.

At trial, the defense objects to the use of the information obtained during the tracking, arguing that attachment of the device and subsequent use of it to monitor the movements of the vehicle is a "search" within the 4th Amendment requiring a warrant. The prosecutor counters there is no "search" within the meaning of the 4th Amendment because the Defendant had no expectation of privacy in the area of the vehicle accessed by the officer (the undercarriage) or in the locations of the vehicle on the public roads which were visible to everyone and anyone and so no warrant was required.

1. Do you think the conduct of the officer is a "search" within the 4th Amendment requiring a warrant? Why or why not?

2. Assuming a warrant is required, what practical problems may officers face in similar cases based on what you have learned about proper procedure for executing search warrants?

250 words discussion post.

Notes -

An overview of search and seizure laws as they apply to schools.

https://www.centerforpubliceducation.org/Main-Menu/Public-education/The-law-and-its-influence-on-public-school-districts-An-overview/Search-and-seizure-due-process-and-public-schools.html

https://scholar.lib.vt.edu/theses/available/etd-03102006-174524/unrestricted/DBeddenFinalETD.pdf

A story on the federal appeals court's ruling that a school administrator's search of text messages on a student's phone was unreasonable and violated the student's Fourth Amendment rights.

blogs.edweek.org/edweek/school_law/2013/03/court_rejects_school_search_of.html