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fbi-use-of-global-postioning-system-gps-tracking — Part 01
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Id. at 283-84.
reserved the Fourth Amendment question that would be raised by mass surveillance, not
the question raised by prolonged surveillance of a single individual, that is not what
happened. In reserving the "dragnet' question, the Court was not only addressing but in
part actually quoting the defendant's argument that, if a warrant is not required, then.
prolonged "twenty-four hour surveillance of any citizen of this country will be possible
whether prolonged "twenty-four hour surveillance" was a search by limiting its holding
to the facts of the case before it, as to which it stated *the reality hardly suggests abuse.'
Id. at 283 (internal quotation marks deleted).
FN* Indeed, the quoted section of the respondent's brief envisions a case remarkably.
similar to the one before us:
We respectfully submit that the Court should remain mindful that should it adopt the
result maintained by the government, twenty-four hour surveillance of any citizen of this
country will be possible, without judicial knowledge or supervision. Without the
limitations imposed by the warrant requirement itself, and the terms of any warrant which
is issued, any person or residence could be monitored at any time and for any length of
time. Should a beeper be installed in a container of property which is not contraband, as
here, it would enable authorities to determine a citizen's location at any time without
knowing whether his travels are for legitimate or illegitimate purposes, should the
container be moved. A beeper thus would turn a person into a broadcaster of his own
affairs and travels, without his knowledge or consent, for as long as the government may
wish to use him where no warrant places a limit on surveillance. To allow warrantless
beeper monitoring, particularly under the standard urged by the government here :
("reasonable suspicion'), would allow virtually limitless intrusion into the affairs of
private citizens.
Br. of Resp. at 9-10 (No. 81-1802).
In short, Knotts held only that "[a] person traveling in an automobile on public
thoroughfares has no reasonable expectation of privacy in his movements from one place
to another, id. at 281, not that such a person has no reasonable expectation of privacy in
his movements whatsoever, world without end, as the Government would have it. The
Fifth Circuit likewise has recognized the limited scope of the holding in Knotts, see
United States v. Butts, 729 F.2d 1514, 1518 n.4 (1984) ("As did the Supreme Court in
Knotts, we pretermit any ruling on worst-case situations that may involve persistent,
extended, or unlimited violations of a warrant's terms'), as has the New York Court of
Appeals, see People y. Weaver. 12 N.Y.3d 433, 440-44 (2009) ( Knotts involved a "single
trip"' and Court "pointedly acknowledged and reserved for another day the question of
whether a Fourth Amendment issue would be posed if twenty-four hour surveillance of
any citizen of this country [were] possible' "). See also Renee McDonald Hutchins, Tied
Up in Knotts? GPS Technology and the Fourth Amendment, 419 UCLA L.Rev. 409, 457
(2007) ("According to the [Supreme] Court, its decision [in Knotts ] should not be read
11
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