re: #123 imp_62

How is this any different from posting a surveillance vehicle in the street and then following him to the pot plantation? If the agents had dug up his yard, the discussion on curtilage may have gone differently.

I think the points that will be argued when this hits the SCOTUS (and it will) is that (a) the use of GPS tracking doesn’t require the traditional method of an agent to actually follow the suspect as they can sit in an office and track them on a computer and (b) they are allowed to go onto private property without a warrant to attach a device to electronically monitor your activities, again, without a warrant.

That last one (I hope) will probably be what gets this decision over turned.