Police Drones & the 4th Amendment, Part 3!

Logo 600 x 600Welcome back, Drone Law Nation! Today we continue our special series on Drone Law Today: Drones and the Fourth Amendment!

This third episode looks at the case of U.S. v. Jones, a Supreme Court case from 2012 that considers whether GPS tracking technology can be a “search” under the Fourth Amendment.

These cases are important to the future of police use of drone technology.

And why is that? Because our “search and seizure” case law changes over time when the Court considers what society thinks about new technologies.

In Part 1 of this series, we looked at the 1928 Olmstead decision. In that case, the Court held that wiretaps were NOT searches under the Fourth Amendment! That case was all about “trespass” – without trespass, there was no search!

In Part 2 of this series, we looked at how the Court changed the law (in Katz) to focus on a person’s “reasonable expectation of privacy” to determine whether a “search” occurred. Remember: if it’s a “search” under the Fourth Amendment, police need a warrant!

The Jones case is another step in this evolution. It also “resurrects” some parts of Olmstead – trespass analysis may be alive again!

And why does this matter for drones? Because drones are a brand new technology that, like wire taps, FBI “bugs,” and GPS tracking devices, will crash right into the Constitution in unexpected ways. Understanding these cases will help you, Drone Law Nation, to protect yourself and your business by seeing how things may play out.

Listen in for Part 3!

Links for you:

Fourth Amendment to the U.S. Constitution

U.S. v. Jones, 132 S. Ct. 945, 565 U.S. ___ (2012)

Part 1 of our Series

Part 2 of our Series


Listen in iTunes!

Listen in Stitcher!

Listen in your browser!

Follow @DroneLawToday on Twitter!

What questions do you have about Drone Law? Click here to let us know!

Nothing in this podcast is legal advice! Please don’t make legal decisions for yourself or your business before consulting counsel of your choice.

Download your FREE copy of “The Drone Revolution: How Robotic Aviation Will Change the World,” right here: CLICK FOR BOOK!

Check out the FREE Drone Law Course at www.dronelawtoday.com/course!

Keep on flying,



Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s