United States vs Jones (Unwarranted GPS tracking of an individual)

I touched on this decision in Quick Thoughts as a victory for the Fourth Amendment (Fourth Amendment Victory (Quick Thoughts) in regards to unwarranted GPS tracking of an individual. Now I want to dive a little bit deeper into it, in regards to the Founding influences and how they were applied to this case. You can read the Supreme Court of the United States (SCOTUS) opinion and additional concurrence opinions here¹ (Cornell University Law School).

The Supreme Court's opinion was written by Justice Scalia and is the main one of focus here. Additional concurrence opinions were also written by Justices Sotomayor and Alito who had differing reasons based on precedent however, reaching the same conclusion.

Synopsis

The Government obtained a search warrant permitting it to install a Global-Positioning-System (GPS) tracking device on a vehicle registered to respondent Jones’s wife. The warrant authorized installation in the District of Columbia and within 10 days, but agents installed the device on the 11th day and in Maryland. The Government than tracked the vehicle’s movements for 28 days. It subsequently secured an indictment of Jones and others on drug trafficking conspiracy charges. The District Court suppressed the GPS data obtained while the vehicle was parked at Jones’s residence, but held the remaining data admissible because Jones had no reasonable expectation of privacy when the vehicle was on public streets. Jones was convicted. The D. C. Circuit reversed, concluding that admission of the evidence obtained by warrantless use of the GPS device violated the Fourth Amendment. (sic from SCOTUS ruling)

Convention of 1787: May 30, 1787 Day 4; Three Branches, and Supreme Power

With the Virginia Plan and the Pinckney Plan having been proposed the day before on May 29, 1787, May 30th would mark when real work of the Convention begins. Though two proposals had been submitted the day prior, it would be the Virginia Plan that would end up setting most of the debate for the foreseeable future. The Convention would go into a Committee of the Whole to begin the day, and elected Nathaniel Gorham (Massachusetts)as the Chair. The Committee of the Whole is a committee of the entire Convention with fewer rules, and a smaller quorum,, this allows for open debate and proposing and voting on amendments to proposals,  before the Convention proper votes of the final version of the proposal, and is method of conducting business still seen today in the House of Representatives³.

James Madison (Virginia) notes Roger Sherman of Connecticut takes his seat.

Three Branches of Government, and Confederacy vs. Supreme Power

The 15 propositions proposed by Edmund Randolph the day prior have been referred to the Committee to be taken up. Randolph moved and Gouverneur Morris  (Pennsylvania) seconded, that the first Resolution of the Virginia Plan “Resolved that the Articles of Confederation ought to be so corrected & enlarged, as to accomplish the objects proposed by their institution; namely, common defence, security of liberty & general welfare”, should be postponed to consider the following three proposals.

1. That a Union of the States merely federal will not accomplish the objects proposed by the articles of Confederation, namely common defence, security of liberty, and general welfare.
2. That no treaty or treaties among the whole or part of the States, as individual Sovereignties, would be sufficient.
3. That a national Government ought to be established consisting of a supreme Legislative, Executive & Judiciary.