If you really want to get into the weeds on the question of whether accessing the undercarriage of the car is a search — and the Internet isn’t running out of electrons, so why not — you can see the uncertainty of the question by noting that the Court has had a very hard time applying the Fourth Amendment to similar types of government efforts to access parts of cars.No, the Internet is not running out of electrons, and I find this approach refreshing enough that I'll probably read this section of the post.
Thursday, October 27, 2011
Have a lot of time on our hands, do we?
QOTD, from "Does installing a GPS device on a car constitute a Fourth Amendment search or seizure?" at SCOTUSblog: