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Courts Differ on Constitutional Privacy Rights

PRIVACY LAW—U.S.

August 16, 2010

The New York Times reports on the differing opinions among U.S. courts regarding police use of tracking technologies and whether or not they violate privacy rights. Last week, a federal appeals court ruled that police must obtain a warrant before attaching a GPS to a suspect's vehicle for tracking purposes, though that contradicts rulings from three other appeals courts. Some legal scholars have called for a fundamental rethinking of how to apply Fourth Amendment privacy rights in the 21st century, the report states. "Often what we have to do with the march of technology is realize that the difference in quantity and speed can actually amount to significantly more invasive practices," said one law professor. (Registration may be required to access this story.)
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