State v. Jones
South Dakota Supreme Court
1Concurrence
GILBERTSON, Chief Justice:
(concurring in the result). .
[¶52.] Although I agree the circuit court’s denial of Jones’s motion to suppress should be affirmed, I dissent from the Court’s analysis. Today, the Court holds that the U.S. Constitution requires law enforcement to obtain a search warrant before conducting “long-term surveillance” (in this case, two-month video surveillance) of the front of a residence from a public vantage point. Yet, the United States Supreme Court “has to date not deviated from the understanding that mere visual observation does not constitute a search.” United States…
2Cases cited19 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Katz v. United StatesSupreme Court of the United States · 1967
- Kyllo v. United StatesSupreme Court of the United States · 2001
- United States v. JonesSupreme Court of the United States · 2012
- California v. CiraoloSupreme Court of the United States · 1986
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