Legal Opinion · Concurrence

State v. Jones

South Dakota Supreme Court

Decided September 20, 2017No. 27739Published

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

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Kyllo v. United StatesSupreme Court of the United States · 2001
  4. United States v. JonesSupreme Court of the United States · 2012
  5. California v. CiraoloSupreme Court of the United States · 1986

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