Code of Criminal Procedure · States v. Jones

States v. Jones

States v. Jones is covered under States v. Jones and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search & Seizure" on practice exams.

To prove this offense, the State must establish each of the following elements: Physical trespass to attach device; Constitutes a Fourth Amendment search; Requires warrant (or warrant exception).

Elements you must prove

  • Physical trespass to attach device
  • Constitutes a Fourth Amendment search
  • Requires warrant (or warrant exception)

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Worked examples

Worked example 1

An officer attaches a GPS tracker to a suspect's car parked in the suspect's driveway. Without a warrant, this is:

  1. Lawful — vehicles are public
  2. An unconstitutional search — physical attachment of a GPS device to a vehicle is a Fourth Amendment search requiring a warrant or warrant exception (United States v. Jones) Correct
  3. Lawful as long as no movement is tracked
  4. Lawful in driveways
Why: The physical trespass of attaching a GPS device to a vehicle for monitoring is a Fourth Amendment 'search.' A warrant is generally required.
Statute: United States v. Jones, 565 U.S. 400 (2012)