Document Type : Research Paper

Author

Abstract

Tracking the vehicles traffic by GPS is usual behaviors of the police in the United States. Police Track the vehicle traffic suspected of carrying drug Antony Jones by connecting the device to his car registered Tracker records without a license of court. Although the trial Court never recognized this behavior as violation of Antony Jones, but Appeal Court took this behavior as violation of Jones' privacy and have been reversed his conviction because of the illegality of its. Police appeal from U.S Supreme Court, But Supreme Court confirms the Appeal Court procedure. This issue is due to the increasing reliance GPS to prosecution, discover and collect evidences against suspects. The main research question is the legal validity of this kind of suspect prosecution's evidences? Research method is a description and analysis of the content of the judicial verdicts in this article. These procedures meet the valuable achievements that this article by Analysis of the content of the verdicts with indicators such as; the legal criteria for inspection, the cause of the behavior, or illegal inspection, cause standards of inspection or licensure have been extracted and identified as the basis for the formation of these procedures is acceptation and justification.

Keywords

 
- صالحی، جواد ( 1391 )، حمایت کیفری از امنیت حریم خصوصی در پرتو حاکمیت
. قانون، حقوق جزا و جرم شناسی، شماره 2
- Bradley, M. (1985), Two Models of the Fourth Amendments, 83 MICH.
L. REV.
- Chase, Carol (1999), Privacy Takes a Back Seat: Putting the
Automobile Exception Back on Track after Several Wrong Turns, 41 B.C. L.
REV.
- Ganz, John (2005), It’s Already Public: Why Federal Officers Should
Not Need Warrants to Use GPS Vehicle Tracking Devices, 95 CRIM. L. &
CRIMINOLOGY.
- Goldstein, Tom (30 Jan. 2012), Why Jones is still less of a pro-privacy
decision than most thought, SCOTUS blog,
http://www.scotusblog.com/2012/01/why-jones-is-still-less-of-a-proprivacy-
decision-than-most-thought/.
- Harcourt B., & Tracey Meares (2011), Randomization and the Fourth
Amendment, 78 U. CHI. L. REV.
- Kerr, Orin (2007), Four Models of Fourth Amendment Protection, 60
STAN. L. REV.
- Kerr, Orin (23 Jan. 2012), What’s the Status of the Mosaic Theory After
Jones?, THE VOLOKH CONSPIRACY,
http://volokh.com/2012/01/23/whats-the-status-of-the-mosaic-theory-afterjones/.
- Kerr, Orin (2 Feb. 2012), Jones, the Automobile Exception, and the
Warrant Requirement, THE VOLOKH CONSPIRACY,
http://volokh.com/2012/02/02/jones-the-automobile-exception-and-thewarrant-
requirement/.
- Kerr, Orin (2009), the Case for a Third-Party Doctrine, 107 MICH. L. REV.
- Renenger, Aaron (2002), Satellite Tracking and the Right to Privacy, 53
HASTINGS L. J.
- Smith, Lauren (2013), Jonesing for a test; Fourth Amendment privacy in
the wake of united states v. jones, 28 Berkeley Technology Law Journal.
- Solove, Daniel (2012), United States v. Jones and the Future of Privacy
Law: The Potential Far-Reaching Implications of the GPS Surveillance
Case, 90 CRIM. L. REPER.
- Spencer, Shaun (2012), GPS Monitoring Device Leads the Supreme
Court to a Crossroads in Privacy Law, 45 New England Law Review.
- Swire, Peter (2004), Katz Is Dead; Long Live Katz, 102 MICH. L. REV.
- Swire, Peter (2012), A Reasonableness Approach to Searches After the
Jones GPS Tracking Case, 64 STAN. L. REV.ONLINE.
- Thompson, Richard (30 April 2012), United States v. Jones: GPS
Monitoring, Property and Privacy, Congressional Research Service.
Simpo PDF Merge and Split Unregistered Version - http://www.simpopdf.com
 - Cady v. Dombrowski, 413 U.S. (1973).
- Cardwell v. Lewis, 417 U.S. (1974).
- Carroll v. United States, 267 U.S. (1925).
- Katz v. United States, 389 U.S. (1967).
- South Dakota v. Opperman, 428 U.S. (1976).
- United States v. Chadwick, 433 U.S. 1, (1977).
- United States v. Knotts, 460 U.S. 276. (1983).
- United States v. Maynard, 615 F.3d D.C. Cir. (2010)(Trail Court).
- United States v. Jones, 132 S. Ct. (2011)(Appeal Court).
- United States v. Jones, No. 10-1259, WL.171117 (2012) (U.S Supreme