5th Holds GPS Tracking of Vehicle is Not a Search or Seizure

In United States v. Hernandez, No. 10-10695 (5th Cir. July 18, 2011) (Jones, Higginbotham, Southwick), the Fifth held that the Government's use of the device to track Hernandez was not a search and therefore not a Fourth Amendment violation. The The Fifth reasons that the GPS device was no different than the electronic beeper at issue in United States v. Knotts which the Supreme Court held did not constitute a search or seizure.