Jones is a Near-Optimal Result

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2 Responses

  1. Ken Rhodes says:

    >>Better that we have the big “reinventing Katz” debate in a case that isn’t so saddled with the confusions of following cars on public streets.>>

    This, I believe, is the key sentence in your post. I, too, am befuddled by the confusion of following cars on public streets. Privacy in public? But the rest of your paragraph highlights the more important (to me) issue(s) of (a)privacy in the connected age and (b) privacy vs. security.

  2. Joe says:

    “It faces two prior precedents, Karo and Knotts, that need to be distinguished or possibly overturned. It does not suffer (as far as we know) from a long history of use against innocent people, but instead seems mostly used to track fugitives and drug dealers.”

    The two opinions can be fairly easily distinguished (Scalia and Sotomayor do) and “reasonableness” seems to me something that (shades of Orin Kerr) consistently balanced over the years as new techniques are more intrusive. The rulings themselves left open the issue of 24/7 surveillance, even in public locations.