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O'Melveny's Dellinger Quoted in The Wall Street Journal Regarding Supreme Court GPS CaseNovember 07, 2011 In the November 7, 2011 article "Justices Weigh Privacy vs. GPS," The Wall Street Journal quotes O'Melveny & Myers Appellate Practice partner Walter Dellinger, who recently argued before the United States Supreme Court on behalf of Antoine Jones in the closely watched Fourth Amendment case U.S. v. Jones.
"At issue," reported the WSJ, "is the narcotics conviction of a Washington, DC, nightclub owner that a federal appeals court threw out because prosecutors learned of his visits to a house where drugs were trafficked through a tracking device installed without a valid warrant. More broadly, the case asks what privacy expectations are reasonable in an era when Americans surround themselves with digital devices that constantly log their movements in computer databases."
"Our position is that any use of a GPS device installed on someone's property without their knowledge or consent should require a warrant, period," Dellinger told the Court. "It's different from surveillance cameras and red light cameras because law enforcement is actually seizing someone's property and using it as a surveillance tool against them."