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PART 4: "GPS Tracking Initiated at the Border" | US v. Ignjatov, GPS installed without a warrant
The Court concluded that “[o]nce the entity at issue is beyond the border, the concerns animating the border search doctrine, namely the integrity of the border, diminish, and the robust Fourth Amendment requirements adhere.” This was because the installation of a GPS device “implicates a search away from the border, once the target has gained entry into the country.
The placement of a GPS device at the border necessarily implicates a search away from the border, once the target has gained entry into the country. As Justice ALito noted in his concurring opinion in Jones, the OCurt defined the search as encompassing both the installation and use of the GPS, rather than separating the procedures. Therefore, this OCurt is hesitant to mechanically apply the border search doctrine where the search stretches far beyond the conduct at the border to create a "precise comprehensive record of a person's public movement. Ultimately, the Court concludes the placement of a GPS device on a vehicle at the border, combined with the subsequent tracking of data over a prolonged period away from it, cannot be justified by the border search exception.
Read the full case here: https://www.nacdl.org/Document/United-States-v-Slavco-Ignjatov,-et-al
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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By Anton Vialtsin, Esq.The Court concluded that “[o]nce the entity at issue is beyond the border, the concerns animating the border search doctrine, namely the integrity of the border, diminish, and the robust Fourth Amendment requirements adhere.” This was because the installation of a GPS device “implicates a search away from the border, once the target has gained entry into the country.
The placement of a GPS device at the border necessarily implicates a search away from the border, once the target has gained entry into the country. As Justice ALito noted in his concurring opinion in Jones, the OCurt defined the search as encompassing both the installation and use of the GPS, rather than separating the procedures. Therefore, this OCurt is hesitant to mechanically apply the border search doctrine where the search stretches far beyond the conduct at the border to create a "precise comprehensive record of a person's public movement. Ultimately, the Court concludes the placement of a GPS device on a vehicle at the border, combined with the subsequent tracking of data over a prolonged period away from it, cannot be justified by the border search exception.
Read the full case here: https://www.nacdl.org/Document/United-States-v-Slavco-Ignjatov,-et-al
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...