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Installing the tracking device requires a warrant, meaning it's classified as a "search," not as testimony. It's 4th Amendment territory, not 5th Amendment. If
by lmkg 7y ago
Installing the tracking device requires a warrant, meaning it's classified as a "search," not as testimony. It's 4th Amendment territory, not 5th Amendment.
If removing the tracking device is pleading the 5th, then putting the tracking device on at all would be a violation of the 5th Amendment. You can philosophize a testimonial aspect into almost anything, but the courts take a more narrow view of what gets protected by the 5th.
- JoeAltmaier 7y agoTo continue hypotheticals, once you know its there it becomes a voluntary act to continue. You have to continue to (allow) reporting of your location. That sounds more like 5th territory. Anyway I see its not speech, so not testimony.