This is pretty scary: in about 25% of the geographical United States, the police can track you with GPS without a warrant. At least there’s a circuit split so the case is headed straight for the Supreme Court, where I can’t imagine any of the justices will have the cojones to approve.
As usual, chief justice Alex Kozinski has an awesome dissent:
I don’t think that most people in the United States would agree with the panel that someone who leaves his car parked in his driveway outside the door of his home invites people to crawl under it and attach a device that will track the vehicle’s every movement and transmit that information to total strangers. There is something creepy and un-American about such clandestine and underhanded behavior. To those of us who have lived under a totalitarian regime, there is an eerie feeling of déjà vu. This case, if any, deserves the comprehensive, mature and diverse consideration that an en banc panel can provide. We are taking a giant leap into the unknown, and the consequences for ourselves and our children may be dire and irreversible. Some day, soon, we may wake up and find we’re living in Oceania.