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This argument came up in the GPS tracker Supreme Court case.

The Supreme Court's decision effectively said that having to use people to tail suspects or whoever put a brake on the government. The GPS trackers removed that restriction. They proceeded to rule GPS trackers without a warrant as unconstitutional.




That is not what the GPS tracker case said. Scalia wrote the majority opinion of the court, and that opinion was based on the physical intrusion necessary to install the GPS tracker. Physical intrusion into a protected space (your car is one of your "effects") has always been a search requiring a warrant.

See: http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf.


This is actually a whole different issue vs. driving under an intersection stationary camera that snaps your picture as you drive by.




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